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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


FORMS 


RULES 


AND 


GENERAL  ORDERS  IN  BANKRUPTCY 

COLLATED,  REVISED    AND  ANNOTATED  BY 

MARSHALL  S.  HAGAR, 

Of  tlie  New   York  Bar, 
AND 

THOMAS   ALEXANDER, 

Clerk  of  t?ie  United  States  District   Court  for  the  Southern  District  of  New  York,  and 

United  States  Commissioner, 


ALBANY,  N.  Y. 

MATTHEW  BENDER  &  CO. 

1910. 


r 

1910 


Copyright,  1910, 
By  aiATTHEW  BENDER  &  COMPANY. 


PREFACE. 

The  object  of  this  work  is  primarily  to  furnish  bankruptcy 
practitioners,  referees,  receivers  and  trustees  with  a  working  col- 
lection of  forms  and  precedents  useful  in  ordinary  practice  under 
tlie  Act.  Owing  to  the  great  diversity  of  construction,  usage  and 
practice  in  bankruptcy  in  various  parts  of  the  United  States,  it  is 
not  possible,  nor  would  we  attempt  to  furnish  a  set  of  forms  or 
precedents  which  would  be  acceptable  in  all  jurisdictions,  nor  to 
meet  the  exigencies  of  every  case.  The  official  forms  prescribed 
by  the  Supreme  Court  of  the  United  States  have  been  found  inade- 
ipiate  to  the  needs  and  methods  of  modern  practice,  and  several 
have  been  held  by  the  courts  insufficient  and  demurrable.  How- 
ever, we  have  retained  and  included  all  of  the  official  forms  which 
are  still  used  and  found  suitable  for  their  purpose  in  a  district 
where  there  is  a  large  and  complicated  bankruptcy  business,  as 
e.  g.  in  the  Southern  District  of  New  York.  These  forms  are  des- 
ignated by  the  word  "  Official  "  under  their  respective  numbers  to 
distinguish  them  from  the  other  forms  which  are  merely  offered  as 
suggestions  or  precedents  derived  from  long  experience  in  various 
phases  of  bankruptcy  practice.  We  have  endeavored  to  obtain,  so 
far  as  possible,  forms  which  have  been  passed  upon  by  the  courts 
and  stood  the  test  of  judicial  approval.  Many  forms  have  been 
obtained  from  other  members  of  the  Bar,  to  whom  we  acknowledge 
our  great  indebtedness.  As  regards  arrangement,  it  has  seemed 
wise  to  collect  the  forms  under  a  system  of  titles  in  somewhat  logi- 
cal sequence ;  a  feature  which  has  not,  so  far  as  we  know,  hereto- 
fore been  attempted  in  any  bankruptcy  treatise.     The  amendments 

of  1910  have  made  some  radical  changes  in  the  law  necessitating 

iii 


77S9r,3 


Iv  PREFACE. 

certain  changes  also  in  the  forms,  and  these  changes  are  indicated 
or  suggested  to  the  pleader. 

A  secondary  object  we  have  hoped  to  obtain  is  to  furnish  a 
concise  compendium  of  decisions  and  authorities  to  date  in  the  form 
of  notes  appended  to  the  forms,  wherever  applicable.  The  Bank- 
ruptcy Act  in  complete  form  as  this  year  amended  is  also  included, 
with  that  portion  covered  by  the  amendment  indicated  by  italics. 
Another  section  is  devoted  to  the  General  Orders  of  the  Supreme 
Court  in  Bankruptcy,  with  annotations  thereon. 

Finally  we  have  collated  and  included  the  local,  "  Rules  in 

Bankruptcy ''  of  many  of  the  important  centers  throughout  the 

country,   and   this   feature  should  prove  a  great  convenience  to 

practitioners. 

New  York,  September,  1910. 

Marshall  S.  Hagab, 
Thomas  Alexaj^dee. 


TABLE  OF  CONTENTS. 


TITLE    I. 

PETITION   AND  ADJUDICATION. 

PAGE 

FOBM  No.     1.  Debtor's  Petition  in  Bankruptcy 2 

2.  Debtor's  Schedules,  Oath  and  Summary  Statement 3 

3.  Partnership   Petition    22 

4.  Partnership  Petition,  all  Partners  not  joining  24 

5.  Involuntary  Petition  by  Three  Creditors 26 

6.  Involuntary  Petition  by  One  Creditor  against  Partnership 34 

7.  Subpoena  to  Alleged  Bankrupt 36 

8.  Marshal's  Return  thereon   36 

9.  Notice  of  Appearance  of  Bankrupt  or  Creditor 38 

10.  Notice  of  Appearance  by  Intervening  Creditor 39 

11.  Petition  to  Intervene  40 

12.  Order  allowing  Intervention 42 

13.  Admission  of  Inability  to  pay  Debts  and  Willingness  to  be  ad- 

judged   Bankrupt    43 

14.  Demurrer  to  Petition 44 

15.  Notice  of  Argument  of  Demurrer 45 

16.  Answer  of  Alleged  Bankrupt  denying  Insolvency 46 

17.  Answer  alleging  more  than  twelve  Creditors  and  List  of  Creditors  47 

18.  Answer  of  Bankrupt  upon  other  Grounds 49 

19.  Answer  of  Creditors  to  Involuntary  Petition 51 

20.  Demand  for  a  Jury  Trial 52 

21.  Order  for  Jury  Trial 53 

22.  Notice   of   Trial 54 

23.  Special  Warrant  to  Marshal  and  Return  thereon 55 

24.  Bond  to  Marshal  for  Release  of  Property 57 

25.  Bond  of  Petitioning  Creditors  upon  Seizure  by  Marshal 57 

26.  Petition  that  Bond  of  Petitioning  Creditors  be  increased 58 

27.  Order  denying  Petition  to  increase  Bond 60 

28.  Order  extending  Time  to  Answer 61 

29.  Consent  to  withdraw  Answer  and  for  Adjudication 62 

30.  Order  for  Adjudication  and  Reference 62 

31.  Order  denying  Adjudication 65 

32.  Order   dismissing   Petition,  vacating  Appointment   of  Receiver, 

etc.,  and  Notice  of  Settlement 66 

33.  Order  referring  Issues  to  Special  Master 68 

T 


VI 


TABLE  OF  CONTENTS. 


PAGE 

FOBM  No.  34.  Notice  of  Hearing  before  Special  Master G^J 

35.  Order  upon  Report  of  Special  Master  dismissing  Petition,  etc. .  .  70 

36.  Order  directing  Bankrupt  to  file  Schedules 71 

37.  Oath  to  List  of  Creditors  prepared  by  Petitioning  Creditors 72 

38.  Order  dismissing  Involuntary  Proceeding  by  Consent 73 

39.  Petition  to  vacate  Adjudication "^^ 

40.  Notice  of  IMotion  thereon "^^ 

41.  Petition  for  Service  by  Publication ''^ 


42.  Order   for  Publication. 


79 


43.  Petition   to   amend   Petition 80 

44.  Order  Remanding  Proceeding 83 

TITLE    IL 

TEMPORARY    RECEI\'EB. 

Form  No,  45.  Petition  for  Appointment  of  Temporary  Receiver  before  Adjudi- 
cation      86 

46.  Order  appointing  Receiver 88 

47.  Consent  of  Bankrupt  to  Appointment  of  Receiver 91 

48.  Bond  of  Petitioning  Creditor 92 

49.  Petition  for  Appointment  of  Receiver  after  Adjudication  by  Ref- 

eree and  Request  of  Creditors 94 

50.  Order  appointing  Receiver  after  Adjudication  by  Referee 95 

51.  Receiver's    Bond 9G 

52.  Petition  for  retention  of  Counsel 98 

53.  Affidavit  by  Attorney  thereon 99 

54.  Order  authorizing  retention  of  Counsel 100 

55.  Petition  by  Receiver  to  continue  Business 101 

56.  Order  authorizing  Receiver  to  continue  Business 102 

57.  Order  that  Receiver  complete  Contracts 103 

58.  Affidavit  by  Receiver  for  leave  to  commence  Action 104 

59.  Order  authorizing  Receiver  to  commence  Action 105 

60.  Order  permitting  Receiver  to  join  in  Bankruptcy  Petition 106 

61.  Order  permitting  Suit  against  Receiver 107 

62.  Order  directing  Delivery  of  Assets  to  Trustee    subject    to  Lien 

for  Receiver's  Fees,  etc 108 

63.  Receiver's    Report 109 

64.  Receiver's  Account  and  Oath  to  Same Ill 

65.  Notice  of  Hearing  upon  Accounts  before  Master 114 

66.  Objections  to  Receiver's  Account 115 

67.  Petition  of  Receiver's  Attorney  for  Allowance 116 

68.  Report  of  Special  Master  on  Receiver's  Account 118 

69.  Notice  of  Motion  to  confirm  Report  of  Special  Master 120 

70.  Order  confirming  Report  of  Special  Master 121 

71 .  Order   vacating   Receivership 123 

72.  Order  authorizing  Issuance  of  Receiver's  Certificates 124 

73.  Receiver's    Certificate 126 

74.  Answer  of  Lienor  to  Receiver's  Application  to  issue  Certificates.  129 

75.  Petition  for  Appointment  of  Ancillary  Receiver 131 

76.  Order  appointing  Ancillary  Receiver 133 


TABLE  OF  CONTENTS.  vii 


TITLE     III. 

PROCEEDINGS  BEFORE  BEFEBEE  AFTEB  ADJUDICATION. 

PAGE 

Form  No.     77.  Referee's    Oath    of   Office 136 

78.  Bond  of  Referee 136 

79.  Notice  of  Adjudication 137 

80.  Order  for  first  Meeting  after  Thirty  Days 1£3 

81.  Notice  of  First  Meeting  of  Creditors 139 

82.  Affidavit  of  Publication    (1st  Meeting) 140 

83.  Affidavit  of  mailing  Notice   (1st  Meeting) 141 

84.  List  of  Debts  proved  at  First  Meeting 142 

85.  Appointment  of  Trustee  by  Creditors 143 

86.  Appointment  of  Trustee  by  Referee 146 

87.  Notice  to  Trustee  of  his  Appointment 147 

88.  Order  approving  Trustee's  Bond 148 

89.  Order  that  no  Trustee  be  appointed 149 

90.  Notice  to  Trustee  to  file  Report 150 

91.  Notice  to  Trustee  to  file  Report   (So.  Dist.  of  N.  Y.) 150 

92.  Order  appointing  Attorney  for  Trustee 151 

93.  Notice  of  Defective  Proof  of  Claim 152 

94.  Petition  to  amend  Schedules 153 

95.  Order  to  show  cause  to  amend  Schedules 154 

96.  Order  amending  Schedules 155 

97.  Affidavit  of  Bankrupt  as  to  Exemptions 156 

98.  Order  allowing  Exemptions  when  no  Trustee  appointed 157 

99.  Petition  of  Bankrupt  for  Review  of  Order  on  Exemptions 161 

100.  Certificate  of  Falsity  of  Pauper  Affidavit 162 

101.  Order  that  Trustee  transfer  Copyright 163 

102.  Petition  for  Meeting  of  Creditors  to  consider  proposed  Compro- 

mise       164 

103.  Notice  to  Creditors  of  Special  Meeting 165 

104.  Order  authorizing   Compromise 166 

105.  Petition  for  Meeting  of  Creditors  to  indemnify  Trustee 167 

106.  Petition  that  Bankrupt  turn  over  Concealed  Assets 168 

107.  Order  that  Bankrupt  turn  over  Concealed  Assets 171 

108.  Petition  to  reconsider  Attorney's  fee  under  sec.  60  d 172 

109.  Order  that  Attorneys  repay  Monies  to  Trustee 173 

110.  Certificate    of   Contempt 175 

111.  Petition  to  Review  Referee's  Order 176 

112.  Referee's   Certificate  on   Review 177 

113.  Referee's  Certificate  of  Default  of  Witness 179 

114.  Referee's  Certificate  closing  Case  for  lack  of  Prosecution 180 

115.  Appointment,   Oath   and   Report  of  Appraisers 181 

116.  Petition  of  Appraisers  for  Allowance 182 

117.  Order  granting  Allowance  to  Appraisers 184 

118.  Order  declaring  First  Dividend  and  Dividend  Sheet 185 

119.  Notice   of  Dividend    and   Warrant 187 

120.  Notice  of  Final   Meeting 188 

121.  Order  passing  Trustee's  Account  and  declaring  Dividend 189 

122.  Referee's    Certificate    of    Indemnity 190 

123.  Order  fixing  Allowance  of  Bankrupt's  Attorney 191 


nil 


TABLE  OF  CONTENTS. 


PAee 
FOBM  No.  124.  Petition  and  Order  for  Redemption  of  Property  from  Lien 193 

125.  Referee's  certificate  of  Disqualification 194 

126.  Order  substituting  Referee 195 

127.  Petition  for  Order  of  Protection 196 

128.  Order  of  Protection 197 


TITLE   IV. 

PROOFS    OF   DEBT   AND    PEOCEEDINGS    FOE    ALLOWANCE   OF  OLATMS. 

PoBM  No.  129.  Proof  of  unsecured   Debt   199 

130.  Proof  of  secured    Debt    202 

131.  Proof  of  Debt  due  Corporation 204 

132.  Proof  of  Debt  by  Partnership 206 

133.  Proof  of  Debt  by  Agent  or  Attorney 207 

134.  Proof  of  secured  Debt  by  Agent  or   Attorney 208 

135.  Proof  of  Debt  by  Trustee  in  Bankruptcy 210 

136.  Proof  of  Priority   Claim   for  Wages 211 

137.  Affidavit  of  Lost  Bill  or  Note 212 

138.  General  Letter  of  Attorney 213 

139.  Acknowledgment  by  Partnership  to  Letter  of  Attorney 215 

140.  Acknowledgment  by  Corporation  to  Letter  of  Attorney 215 

141.  Special  Letter  of  Attorney 216 

142.  Objections  to  Proof  of  Debt 217 

143.  Petition  that  Proof  of  Debt  be  reconsidered 219 

144.  Notice  to  Claimant  thereon 221 

145.  Order  to  show  Cause  why  claim  should  not  be  reconsidered  and 

expunged.      (As  substitute  for  No.  114) ^  222 

146.  Order  reducing  or  expunging  Proof  of  Debt 223 

147.  Order    allowing    Claim 224 

148.  Petition  to  pay  Priority  Claims  and  Schedules 228 

149.  Order  directing  Payment  of  Priority  Claims 229 

150.  Petition  to  review  Order  rejecting  Claim 231 

151.  Petition  that  all  Claims  to  Securities,  etc.,  be  presented  and  re- 

ferred      232 

152.  Order  to  show  Cause  thereon 234 

153.  "  Omnibus  "  Order  referring  Claims  to  Securities,  etc.,  to  Special 

Master  for  Determination 236 


TITLE    V. 


TBUSTEE   IN   BANKBUPTCT. 


FoBM  No.  154.  Bond  of  Trustee 239 

155.  Trustee's    First    Report 241 

156.  Trustee's  Report  of  Exempt  Property 242 

157.  Exceptions  to  Trustee's  Report  on  Exemptions 244 

158.  Order  allowing  Exemptions  upon  Report 245 

159.  Petition  for  leave  to  reject  Assets  as  burdensome 246 

^60.  Order  authorizing  Trustee  to  reject  Assets  as  burdensome 247 


TABLE  OF  CONTENTS.  :.- 

PAGE 

FoBM  No.  161.  Petition  by  Trustee  for  leave  to  continue  Business  of  Bankrupt  248 

162.  Order    upon   same 249 

163.  Trustee's  Bill  of  Sale  of  Personal  Property 250 

164.  Trustee's  Deed  to  Real  Property 251 

165.  Trustee's  AflBdavit  upon  Assessment  for  Personal  Taxes  against 

Estate 252 

166.  Notice  of  Adoption  of  Lease  by  Trustee 253 

167.  Petition  for  leave  by  Trustee  to  sue 254 

168.  Order  granting  leave  to  sue 255 

169.  Affidavit  to  intervene  in  State  Court  Action 256 

170.  Order  allowing  Trustee  to   Intervene 258 

171.  Order  directing  Trustee  to  abandon  Legal  Proceedings 259 

172.  Order   ratifying   Acts   of   Trustee 260 

173.  Petition  for  Removal  of  Trustee 261 

174.  Order  to  show  Cause  thereon 262 

175.  Order   for  Removal  of  Trustee 263 

176.  Resignation    of    Trustee 264 

177.  Order  for  Choice  of  New  Trustee 265 

178.  Demand  for  security  for  Costs  from  Trustee,  Plaintiff 266 

179.  Order  requiring  Trustee  to  give  Security  for  Costs 267 

180.  Trustee's  Return  of  no  Assets 269 

181.  Trustee's  Report  and  Final  Account 270 

182.  Oath  to  Final  Account 272 

183.  Objections   to    Trustee's   Account 273 

184.  Order  allowing  Trustee  Extra  Compensation  for  conducting  bus- 

iness        274 

185.  Trustee's  Final  Report  276 

186.  Order  discharging  Trustee 277 


TITLE    VI. 

EXAMINATION  OF   WITXK.SKES   AND  DEPOSITIONS  DE  BENE  ESSE. 

FoBM  No.  187.  Petition  by  Receiver  for  Examination  under  Sec.   21-a  before 

Special  Commissioner   278 

188.  Order    for   Examination    thereon 280 

189.  Order  for  Examination  of  Bankrupt 283 

190.  Petition  by  Trustee  for  Order  of  Examination,  and  that  Sub- 

poena   Issue 284 

191.  Order  for  Examination  and  that  Subpoena  Issue 285 

192.  Petition  that  U.  S.  Marshal  produce  Prisoner  for  Examination.  286 

193.  Order  that  Marshal  produce  Prisoner  for  Examination 287 

194.  Subpoena  to  appear  before  Special  Commissioner 288 

195.  Subpoena   Ticket    289 

196.  Summons  to  appear  before  Referee 290 

197.  Subpoena  duces  tecum  291 

198.  Return  of  Summons  to  Witness 293 

199.  Examination  of  Bankrupt  or  Witness 294 

200.  Notice  of  taking  Deposition   {de  bene  esse)    295 

201.  Deposition    (de  bene  esse) 296 

202.  Certificate  of  Commissioner  or  Notary  Public  thereon 297 


TABLE  OF  CONTENTS. 


TITLE   VII. 

SAT.KS. 

PAGE 

Form  No.  203.  Petition  for  Appraisal  and  Sale  at  Auction  by  Receiver  before 

Adjudication   300 

204.  Order  for  Appraisal  and  Sale  before  Adjudication 301 

205.  Petition  for  Appraisal  and  Sale  by  Receiver  after  adjudication 

upon  sealed  bids 302 

206.  Order  for  Appraisal  and  Sale  upon  sealed  bids 304 

207.  Notice  of  Sale  by  Receiver 306 

208.  Notice  of  Sale  by  Receiver  on  sealed  bids 307 

209.  Petition  by  Receiver  for  Sale  of  Perishable  Property 308 

210.  Notice  of  Sale  by  Trustee 309 

211.  Petition  for  private  Sale  by  Trustee 310 

212.  Order  for  private  Sale  by  Trustee 311 

213.  Petition  for  Sale  at  Auction  of  Real  Estate 312 

214.  Order  for  Sale  at  Auction  of  Real  Estate 313 

215.  Petition  and  Order  by  Referee  for  Sale  of  Perishable  Property 

without  Notice  314 

216.  Petition  and  Order  for  Sale  subject  to  Lien 315 

217.  Petition  for  Sale  free  and  clear  of  Liens 316 

218.  Notice  of  Motion  for  Sale  free  and  clear  of  Liens 319 

219.  Order  directing  Sale  free  and  clear  of  Liens 321 

220.  Petition  to  confirm  Sale 324 

221.  Order  confirming  Sale 325 

222.  Trustee's  Memorandum  "Terms  of  Sale." 327 

223.  Notice  of  Taxation  of  Auctioneer's  Charges 329 

224.  Order  for  resale  on  default  of  Purchaser 330 

225.  Order  to  show  cause  to  vacate  Sale 332 


TITLE  VIII. 

EESTKAINING    ORDERS. 

Form  No.  226.  Petition  for  an  Injunction  other  than  against  Suits 33-' 

227.  Order  to  show  Cause  for  a  Stay  by  Trustee 335 

228.  Injunction  Order   336 

229.  Affidavit  to  Stay  Sale  by  Trustee  of  Mortgaged  Chattels 338 

230.  Affidavit  to   Stay     Suit    (Supplementary  Proceedings) 340 

231.  Order  Staying  Suit 341 

232.  Petition  to  modify  Stay 344 


TITLE     IX. 


DISCHARGE    OF    BANKRUPT. 


Form  No.  233.  Bankrupt's  Petition  for  Discharge 347 

234.  Order  to  show  Cause  thereon 349 

235.  Affidavit  of  Mailing  Petition  for  Discharge 350 


TABLE  OF  CONTENTS.  xi 

FACE 

FoBM  No.  236.  Notice  for  Publication 351 

237.  Referee's  Certificate  on  Discharge 352 

238.  Arrangement   of   Papers    on    Discharge   required    in    Southern 

District   of   New   York 353 

239.  Order   of   Discharge 353 

240.  Notice  of  Appearance  of  Objecting  Creditor 356 

241.  Specifications  of  Objection  to  Discharge 357 

242.  Exceptions  to   Specifications 364 

243.  Petition  to  Amend  Specifications 365 

244.  Order  of  Reference  to  Special  Master 367 

245.  Notice  of  Hearing  before   Special  Master 369 

246.  Report  of  Special  Master  on  Specification 370 

247.  Arrangement   of   Papers   on    Contested   Discharge   required    in 

Southern  District  of  New  York 373 

248.  Order  opening  Default  on  Discharge  Proceeding 373 

249.  Order  denying  Discharge  upon  Report  of  Special  Master 371 

250.  Petition  for  Extension  of  Time  to  apply  for  Discharge 376 

251.  Referee's  Certificate  on  Application  for  Extension  of  Tine....  378 

252.  Order  extending  Time  to  apply  for  Discharge 379 

253.  Affidavit  for  Cancellation  of  a  Judgment  (New  York  Practice) . .  380 

254.  Petition  to  revoke  Discharge 382 

255.  Order  revoking  Discharge 383 


TITLE     X. 

COMPOSITION    WITH .  CREDITORS. 

Form  No.  256.  Offer  of  Composition 38G 

257.  Petition  for  Meeting  to  consider  Composition 388 

258.  Acceptance  of  Offer 389 

259.  Application  for  Confirmation  of  Composition 390 

260.  Proper  Arrangement  of  Papers  constituting  "  Record  on  Com- 

position "   (Required  in  Southern  District  of  New  York)..  391 

261.  Certificate   of   Deposit 391 

262.  Notice   to   Creditors 393 

263.  Order  to  Show  Cause  Thereon 394 

264.  Referee's   Certificate   and    Indemnity   Account 395 

265.  Order  confirming  Composition  and  making  Distribution 390 

266.  Notice  of  Appearance  of  Objecting  Creditor 399 

267.  Specifications  of  Objection  to  Confirmation  of  Composition....  400 

268.  Exceptions  to  Specifications 402 

269.  Report  of  Special  Master  on  Specifications  of  Objection 403 

270.  Order   refusing   Confirmation   of   Composition   upon   Report   of 

Special    Master 404 

271.  Petition  to  set  aside  a  Composition 405 

272.  Order  setting  aside  a  Composition 408 


Xll 


TABLE  OF  CONTENTS. 


TITLE   XI. 

BECLAMATTON   PROCEEDINGS. 

PAGE 

Form  No.  273.  Demand   in   Reclamation 409 

274.  Petition  to  Reclaim 410 

275.  Notice  of  Motion  thereon 415 

276.  Answer   in   Reclamation 416 

277.  Bond  in  Reclamation  for  Possession  of  Property 417 

278.  Order  of  Reference  to  Special  Master 419 

279.  Report  of  Special   Master 419 

280.  Judgment  in  Reclamation  for  Delivery,  etc 421 

281.  Bill  of  Costs  and  Notice  of  Taxation 422 


TITLE    XII. 

MISCELLANEOUS  PROCEEDINGS  AND  ORDERS. 

Form  No.  282.  Affidavit  to  dissolve  Lien  of  Attachment 424 

283.  Notice  of  Motion  to  dissolve  Lien  of  Attachment 427 

284.  Order  dissolving  Lien  of  Execution 428 

285.  Order  adjudging  Bankrupt   in   contempt 430 

286.  Answer  of  Bankrupt  to  Rule  to  Show  Cause  for  Contempt 434 

287.  Order    purging    of    Contempt 435 

288.  Answer  of  Assignee  for  Benefit  of  Creditors  to  Rule  to  Turn 

over  Property  to  Receiver 436 

289.  Petition  to  re-open  Estate 438 

290.  Order  designating  Depository  of  Bankruptcy  Funds 441 

291.  Bond  of  Depository 442 


TITLE    XIII. 


COMPLAINTS  IN  SUITS  BY  TRUSTEE    IN  BANKRUPTCY,  BILLS  IN  EQUITY,  ETC. 


FOBM  No 


292. 
293. 

294. 


295. 

296. 
297. 
298. 
299. 

300, 


Complaint  upon  Promissory  Note 443 

Complaint  against   Defaulting   Purchaser   for   Deficiency   upon 

Resale    445 

Bill  in  Equity  to  set  aside  Mortgage  under  Sec.  60  a,  b,  and  Sec. 
67  e  within  four  months  period,  where  Property  has  been 

sold  free  and  clear  of  Liens 447 

Complaint  to  set  aside  under  Sec.  70,  Bill  of  Sale  made  Beyond 

Four    Months    Period 456 

Complaint  to  Declare  Secret  Trust 462 

Bill  in  Equity  for  "Conspiracy  to  Defraud  Creditors." 464 

Order  directing  Assessment  for  unpaid  Stock  Subscription....   469 
Bill  in  Equity  in  Circuit  Court  to  recover  unpaid  Stock  Sub- 
scriptions   ( Diverse    Citizenship ) 471 

Replication  by  Trustee  in  Equity  Suit 475 


TABLE  OF  CONTENTS.  xiii 

TITLE    XIV. 

APPEALS,   PETITIONS    TO  EEVIEW,   WRITS   OF   EBROB. 

PAGE 

Form  No.  301.  Notice  of  Appeal 476 

302.  Petition   for  Appeal  to  Circuit  Court  of  Appeals  from   Order 

Denying  a  Discharge  and  Order  Allowing  Same 477 

303.  Citation    on    Appeal 482 

304.  Assignment  of  Errors 484 

305.  Bond  on  Appeal 485 

306.  Notice   of   Filing   of   Bond   on   Appeal 487 

307.  Stipulation  as  to  Record  on  Appeal 488 

308.  Notice    of    Appeal 489 

309.  Appearance  of  Counsel 490 

310.  Order  amending  Record  on  Appeal 491 

311.  Order  amending  Printed  Record  and  Directing  Printing 492 

312.  Petition  to  restore  Appeal  to  Calendar 493 

313.  Notice  of  Motion  to  restore  Appeal  to  Calendar 494 

314.  Order    for    Mandate 495 

315.  Mandate    496 

316.  Affidavit  to  make  Mandate  Order  of  Court  Below 497 

317.  Notice  of  Motion  Thereon 498 

318.  Order   on   Mandate 499 

319.  Petition  to  Review  under  Sec.  24-b 500 

320.  Notice  of  Filing  Petition  to  Review 506 

321.  Notice  of  Motion  for  Stay  Pending  Review 507 

322.  Petition  for  Appeal  from  a  Circuit  Court  of  Appeals  to  the  Su- 

preme Court  of  the  United  States   508 

323.  Order  allowing  Appeal  from  a  Circuit  Court  of  Appeals  to  the 

Supreme  Court  of  the  United  States 510 

324.  Petition  for  Writ  of  Error  i;om  the  Supreme  Court  to  a  Cir- 

cuit  Court   of   Appeals 510 

325.  Writ  of  Error  from  the  Supreme  Court  of  the  United  States  to  a 

Circuit   Court   of   Appeals 512 

326.  Certificate  of  Question  in  a  Bankruptcy  Proceeding  by  a  Circuit 

Court  of  Appeals  to  the  Supreme  Court 513 


TITLE    XV. 

PABTICULAB   WRITS,    INDICTMENTS. 

POBM  No.  327.  Order  of  Ne  Exeat 516 

328.  Bond  on  Ne  Exeat 518 

329.  Petition  for  Writ  of  Habeas  Corpus 519 

330.  Writ  of  Habeas  Corpus 522 

331.  Petition  for  Writ  of  Mandamus 522 

332.  Petition  for  Writ  of  Certiorari  to  remove  a  Cause  for  Review,  524 

333.  Notice    of    Application    to    the    Supreme    Court    for    Writ    of 

Certiorari   526 

334.  Motion  for  Writ  of  Certiorari  from  the  Supreme  Court  to  a  Cir- 

cuit Court  of  Appeals 527 

335.  Writ  of  Certiorari  from  the  Supreme  Court  to  a  Circuit  Court  of 

Appeals     528 

336.  Indictment  for  Conspiracy  to  Conceal  Property  from  Trustee. . .  528 


XIY 


TABLE  OF  CONTENTS. 


TITLE    XVI. 


PAGE 


BEPOBTS    FOB    ATTOBNEY-GENEBAL. 

FoBM  No.  337.    Report  of  Referee  in  Bankruptcy  to  Clerk 533 

General  Orders  of  the  Supreme  Court  in  Bankruptcy,  with  Annotations 535 


of   1910 557 

595 


n  Bankruptcy  for  Southern  District  of  New  York 607 

n  Bankruptcy  for  Eastern  District  of  New  York 618 

n  Bankruptcy  for  Northern  District  of  New  York 625 

n  Bankruptcy  for  Western   District  of  New  York 635 

n  Bankruptcy  for    District   of   Massachusetts 645 

n  Bankruptcy  for    District    of    Connecticut 648 

n  Bankruptcy  for  District  of  New  Jersey 651 

n  Bankruptcy  for  Eastern   District  of  Pennsylvania 664 

n  Bankruptcy  for  District  of  Maryland 666 

n  Bankruptcy  for  Southern   District  of  Ohio 671 

n  Bankruptcy  for  Northern  District  of   Illinois,   Eastern  Division 676 

n  Bankruptcy  for  Northern  District  of  Iowa 682 

n  Bankruptcy  for   Eastern   District  of  Missouri 685 

n  Bankruptcy  for  Eastern  District  of  Louisiana 694 

n  Bankruptcy  for    Northern    District    of    Texas 702 

n  Bankruptcy  for    District    of   Colorado 707 

n  Bankruptcy  for  District  of  Washington 710. 

n  Bankruptcy  for  Northern  District  of  California 714 

n  Bankruptcy  for  District  of  Oregon 717 


General  Index 721 


TABLE  OF  CASES. 


TABLE  OF  CASES. 

REFERENCES  ARE  TO  PAGES. 


A 

PAGE 

Abbey  Press,  In  re 281.  282,  536,  542,  545,  548,  549 

Abrahamson  v.  Bretstein,  In  re 89,  282 

Abrams  and  Rubens,  In  re 398,  407 

Acme    Food    Co.    v.    Meier 50 

Adamo,  In  re 165 

Adams,   In  re 224,  359 

Adams  Sartorial  Co.,  In  re 56,  113 

Adler,  In  re 169,  170,  337,  342,  521,  542,  551 

Adler  v.  Hammond 398 

Adler  v.  Jones 401,  552 

Adsit  V.  Butler 268 

Aetna  Cotton  Mills,  In  re 226 

Alaska  Fishing  and  Development  Co.,   In  re 128 

Albrecht,    In    re , 358,  552 

Alden,  In  re 323 

Alden  Electric  Co.,   In   re 482,  490 

Alex,  In  re 161 

Alexander  v.  Union  Surety  and  Guaranty  Co 240 

Alkon  V.  U.  S 531 

Alleman,   In  re 360 

Allen,    In    re 231,  544 

Allen  V.  Grant,  Trustee 470 

Allen   V.    McManus 454,  461 

Allen  as  Trustee,  etc.,  v.  Gray 452 

Allgair  v.  Fisher  &  Co 310,  333,  549 

Allison  Lumber  Co.,  In  re 437 

Alper,   In   re 292,  521 

Alphin  &  Lake  Cotton  Co.,  In  re 169,  282 

Altman,    In    re 25 

Alton  M'fg  Co.,   In  re 90 

Altonwood  Park  Co.  v.  Gwynne 76 

Alvord,  In  re 361 

American  Brewing  Co.,  In  re 64 

American  Corset  Co.  v.  Jacksonville,  etc 525 

American  Knit  Goods  Mfg.  Co.,  In  re 413 

American   Lumber  Co.,   etc.   v.   Taylor 453,  454 

American  Trust  Co.  v.  Wallis 169 

Amos,  In  re 159,  243,  544 

Anders  Push  Button  Telephone  Co.,  In  re 275 

xvii 


xviii  TABLE  OF  CASES. 

PAGE 

Anderson,    In    re 157,    191,    377,  432 

Andre,   In   re 427 

Andrews,  In  re 227,  281,  454 

Angeny,    In    re 415 

Ankeny,   In   re 219,  220 

Ansley  Bros.,  In  re 161,  454 

Antigo  Screen  Door  Co.,  In  re 501 

Appel,  In  re 518 

Armstrong,  In  re 454 

Armstrong   v.   Fernandez 33,    81,    509,  555 

Arnold  Co.,  In  re 218 

Arnold  &  Co.,  In  re  E.  J 220 

Arnold  v.  Oliver 381 

Arrington   Co.,   In   re 401 

Arrington  v.  Arrington 363 

Atchison,  Topeka  &  S.  F.  R.  R.  Co.  v.  Hurley 253 

Atlanta  News  Pub.  Co  ,  In  re 415 

Audubon,  et  al.  v.  Shufeldt 226 

Averick,    In    re 170 

Averill,  In  re 192 

Ayres  v.  Cone,  et  al 41,  200,  218 

B 

Babbitt,   Trustee,   etc.,  v.   Dutcher,  etc 134,  292 

Babbit  v.  Kelly 454 

Babbitt  v.   Read 470 

Baber,  In  re 151 

Back  Bay  Automobile  Co.,  In  re 139,  387 

Bacon    v.    Roberts 177 

Baerncoff,    In    re 360,  365,  366 

Baginsky,  Michel  &  Co.,  In  re 271 

Bailey,   In  re 429,  453 

Baird  &  Co.,  In  re 201,  227 

Baker,  In  re 504,  505,  521,  551 

Baker,  Ricketson  Co.,   In  re 43 

Baldwin,    In    re 366 

Ball,  In  re 33 

Bank  of  Clinton  v.  Kondert 480 

Bank  of  Dearborn  v.  Matney 28 

Bank  of  Ravenswood  v.  Johnson 547,  549 

Barber,  In  re 323 

Barber    v.    Coit 461 

Bardes  v.  1st  Nat.  Bank  of  Hawarden 453,  459,  515 

Barnet,  In  re 553 

Barrett,  In  re I59 

Barrett  v.   Prince 521,  551 

Bartlett  v.  U.  S 531 

Barton's  Estate,  In  re 440 

Basch,  In  re 342 

Bassett  v.  Thackara 355 

Batchelder  &  Co.  v.  Wedge 426 

^ates  Machine  Co.,  In  re 43 


TABLE  OF  CASES.  xix 

PAGE 

Baudouine,  In  re 360 

Baughman,  In  re 342,  429 

Baum,     In    re 170 

Baiimblatt,    In    re 230 

Baxter  &  Co.,  In  re 117 

Bayley,  In  re 274 

Beach  v.  Macon  Grocery  Co 30,  81,  113 

Bean,  In  re 158,  IGO 

Beasley  v.  Coggins 459,  460 

Beatty,    In    re 32 

Beatty  v.  Anderson  Coal  Mining  Co 32 

Beaver  Coal  Co.,  In  re 426 

Beaver  Knitting  Mills,  In  re 225 

Beck,    In   re 144 

Becker,    In    re 305 

Beddingfield,  In  re 31,     41 

Beebe,    In    re 359 

Beerman,  In  re 82 

Leers  v.  Hanlin 30 

Belden,   In   re 333 

Belding-Hall  Mfg.  Co.  v.  Mercer  and  Ferdon  Lumber  Co 451 

Belfast  Mesh  Underwear  Co.,  In  re 32 

Bell  Piano  Co.,  In  re 272 

Bellah,  In  re 81,  360,  541 

Bender,    In   re 158 

Benedict,   In  re 89,  134 

Benedict  v.   Deshel 452,  453 

Benjamin,    In   re 305,    542,  614 

Benjamin   v.   Chandler 453 

Bennett,    In    re 230 

Bennett  Shoe  Co.,  In  re 32,  225 

Bennett  v.  American  Credit  Indemnity  Co 202 

Benoit,  In  re 363 

Berkebile,   In  re 481 

Berkowitz,  In  re 517,  542 

Berner,  In  re 20,  27,  360 

Berry  &  Co.,  In  re 237,  361,  414 

Berry  &  Co.,  In  re  Jacob 227 

Berry  Bros.  v.  Sheehan 381 

Bertenshaw,   In  re 64,  355 

Eeutel's  Sons,  In  re 545 

Bevier  Wood  Pavement  Co.,  In  re 226 

Bevins  et  al.  In  re 224 

Bibber-White  Co.  v.  White  River  Valley  R.  R.  Co 128 

Bick,    In   re 521 

Big  Meadows  Gas  Co.,  In  re 30 

Billing,  In  re 19,  33,   63,  64,  481 

Bills    V.    Schliep 414 

Bimberg,  In  re 377,  384 

Black,  In  re 159 

Blair,  In  re 27,  426,  502 

Blair  et  al,  In  re 35 

Blake  v.  Nesbit 337 


XX  TABLE  OF  CASES. 

PAGE 

Blalock,    In   re 359 

Blanchard  &  Howard,  In  re 158 

Blanchard  Shingle  Co.,  In  re  (Gaudette  v.  Graham) 501,  502 

Blankfein,  In  re 217,  537,  547 

Bloch,  In  re 227,  461 

Bloodworth,  Steinbridge  Co.  In  re 387 

Bloomsburg  Brewing  Co.,  In  re 29 

Bloomingdale  v.  Empire  Rubber  Mfg.  Co 413 

Blount,    In    re 35 

Blue  Mountain  Iron  &  Steel  Co.  v.  Portner 32 

Blue  Ridge  Packing  Co.,  In  re 145,  200,  217,  542,  547 

Blumberg,  In  re 31,  354,  359 

Boasburg,   In  re 361 

Boeshore,    In   re 289 

Bolinger,  In  re 158,  159 

Boonville  National  Bank  v.  Blakey 89,  106,  481,  485 

Bond   V.  Milliken 362 

Boi  genson,   In  re 113 

Boston  Dry  Goods  Co.,  In  re 504 

Bothe,    In   re 461 

Bourlier  Cornice  &  Roofing  Co.,  In  re 103,  275 

Bower  v.  Holzworth 479,  511 

Bowman  v.  Alpha  Farms 451 

Boyd,   In  re 158 

Boyden,  In  re 360 

Boyd  V.  Arnold,  Loucheim  &  Co 177 

Boyd  V.  Boyd  Fry  Stove  and  China  Co 33 

Boyd  V.   Glucklich 432 

Bradley  Timber  Co.  v.  White 33,  50,  538 

Brady,    In  re 486 

Brady  v.  Bernard  &  Kittinger 480,  503 

Bragassa  v.  St.  Louis  Cycle 359 

Brake    v.    Callison 30 

Brandreth,   In  re 381 

Bray  v.  Cobb 50,  53,  195 

Bray  v.  Johnson 554 

Breckons  v.  Snyder 240,  282,  451 

Breitling,  In  re 360 

Brener,  In  re 361 

Breslauer,  In  re 429 

Brett,  In  re 45,  81,  200 

Brewster.    In   re 218 

Brice,  In  re 20,     28 

Brinckmann,    In   re 30 

Brinkley  v.  Smithwick 43 

Broadway  Savings  Trust  Co.,  In  re 30,  33,     82 

Broadway  Trust  Co.  v.  Mannheim 21,  398 

Bromley,  In  re 366 

Brooke  et  al,  In  re 146 

Brown,  In  re 28,  30,  158,  159,  348,  360,  399 

Brown  &  Co.,  In  re  A.  0 229,  230 

Brown  &  Adams  v.  United  Button  Co 226 


TABLE  OF  CASES.  xxi 

PAGE 

Brown  v.  Barker '*^5 

Brown  v.   Persons 277 

Erumbaugh,    In    re 1^^ 

Erumelkamp,  In  re ^^ 

0Q*7 

Brundage,  In  re ^'  •   — ■ 

Brundin,   In   re ^^-^ 

Bryan  v.  Bernheimer S^'  '^^^ 

Bryan  v.  Madden "^^2 

Buchan's  Soap  Corp.,  In  re --^ 

Buder  v.  Columbia  Distilling  Co "^^1 

L  uelow.  In  re ^^^ 

Buffalo  Mirror  and  Beveling  Co.,  In  re 225 

BuUis  V.   O'Beirne 381 

Burbank  Co.,  In  re 43 

Burka,   In  re 224 

Burkhardt  v.  German  American  Bank 28 

Burke,    In  re 342,  540 

Burke  v.  Guarantee  Title  and  Trust  Co 20,  21,  160,  243,  541,  556 

Burleigh  v.   Forman '^'^8 

Burlington  Malting  Co.,  In  re 30,     38 

Burns,  In  re 11'7>  231 

Burns  v.  O'Gorman 444 

Burrell  v.  State 282 

Burt,  In  re 414 

Bush  V.  Export  Storage  Co 460 

Butterick,  In  re 414 

Butts,  In  re 342,  363 

c 

Cabus,  In  re 362 

Cadenas  &  Coe,  In  re 274 

Cagliostro  v.  Indelle 382 

Cain,    In    re 30 

Calhoun  Co.  Bank  v.  Cain 452 

Callison,    In   re 30 

Cambridge  Lumber  Co.,  In  re 113 

Camp,  In  re 158,  160.  243,  544 

Campbell,  In  re 159,   230.  544 

Cannon,  In  re 218 

Carbone,  In  re 19 

Carleton,  In  re 25,  41,  539,  545 

Carley,  in  re 282,  366,  502,  503 

Carmichael,    In   re 354 

Carolina  Cooperage  Co.,  In  re 191 

Carpenter  v.  Cudd 53,  230 

Carpenter  v.    South  worth 445 

Carr,  In  re 117,  271,  551 

Carroll  &  Bro.  Co.  v.  Young 323 

Carter,  In  re 218 

Carter  v.   Hobbs 64,  460 

Carton  &  Co,  In  re 361 

Carton  &  Co.,  In  re  A.  B 398 


xxii  TABLE  OF  CASES. 

PAGE 

Carver  &  Co.,  In  re 176,  438 

Castleberry,  In  re 158,  160,  192,  275 

Castle  Braid  Co.,  In  re 218 

Cavagnaro,  In  re 415 

Ceballos  &  Co.,  In  re 19,  25,  43,  539 

Challoner,  In  re 226,  343 

Chambers,  In  re 547,  549 

Chambers  &  Calder  Co.,  In  re 177 

Chandler,  In  re 384,  521 

Chaplin,  In  re 401 

Chapman  v.  Bowen 509,  555 

Chase,  In  re 437 

Chatfield  et  al.  v.  O'Dwyer  et  al 220 

Chauncey  v.   Dyke  Bros 323 

Chavez,  In  re 230 

Chequasset  Lumber  Co.,  In  re '. 33 

Chesapeake  Shoe  Co.  v.  Seldner 502 

Chicago- Joplin  Lead  and  Zinc  Co.,  In  re 29 

Chicago  Motor  Vehicle  Co.  v.  American  Oak  Leather  Co 81,     82 

Chicago  Title  and  Trust  Co.,  ex  parte 523 

Chilberig  v.  Smith 414 

Chism  V.  Bank  of  Friar's  Point 255 

Christensen,  In  re 53 

Christianson,    In    re 192 

Church  Construction  Co.,  In  re 124 

City  National  Bank  v.  Doolittle 401 

Claiborne,  In  re 521,  551 

Clarke  Coal  and  Coke  Co.,  In  re 316,  550 

Clarke  v.  Larremore 429 

Clark  V.  Henne  &  Mayer  et  al 31,     33 

Clark  V.    Pidcock 543 

Cleage  v.  Saidley 19 

Clevenger  v.  Moore 470 

Cliffe,   In  re 45,  281 

Clisdell,  In  re 19,  27,  348 

Clothier,  In  re 358,  552 

Cobb,  In  re 281,  535,  551 

Cobb  V.  Overman 225 

Coburn,  In  re 31 

Coder  v.  Arts 323,  454,  479 

Coder  v.   McPherson 453 

Coe,  In  re 50,  63,  141 

Coffey,  In  re 453 

Cogley,    In    re 247 

Cohen,  In  re 146,  415,  517 

Cohen  v.  American  Surety  Co 437 

Cohen  v.   Budd 313 

Cohen  v.  U.  S 531 

Cohn  V.  Small 451 

Cohn  V.  U.  S 531 

Colaluca,  In  re 19 

Cole.  In  re 169,  170,  289,  297,  342,  431,  432 

Coleman  v.   Sherman 414 


TABLE  OF  CASES.  xxiii 

PAGE 

Cole   V.    Manson 268 

Collier,  In  re 554 

Colton  aud  Preston,  In  re 244 

Columbia  Bank  v.  Birkett 21,  381 

Columbia  Iron  Works,  In  re 139,  144.  151,  183,  203,  217,  547 

Columbia  Iron  "Works  v.  National  Lead  Co 29,  479,  483,  486,  515 

Columbia  Real  Estate  Co.,  In  re 28,  30,  38,     76 

Columbus  Buggy  Co.,  In  re 415 

Comstock,  In  re 401 

Conboy  v.  National  Bank 509,  555 

Concord  Motor  Car  Co.,  In  re 29 

Convoy,    In   re 358 

Consumers'  Coffee  Co.,  In  re 103,  231 

Continental   Corporation,    In   re 200 

Conway  et  al.  v.  German  et  al 43,     81 

Cook  Inlet  Coal  Fields  v.  Caldwell 479,  489,  555 

Cooper,  In  re 45,  144,  542 

Cooper  Bros.,  In  re 407 

Copper  King,  (L'td)   In  re 231,  427 

Corbitt  Buggy  Co.  v.  Ricard 414 

Courier  Journal  Job  Print.  Co.  v.  Brewing  Co 504 

Conro  V.  Crane 505 

Couts  V.  Townsend  Co 28 

Coventry  Evans  Furniture  Co.,  In  re 200,  227,  275 

Cox  V.  State  Bank  of  Chicago 426 

Cox    V.    Wall 460 

Craddock-Terry  Co.,  et  al.  v.  Kaufman 178,  550 

Craesinger,  In  re 200,  201 

Craine   v.    Craine 363 

Cramer,  In  re 169 

Cramond,  In  re 203,  275 

Crawford   v.    Burke 224 

Crenshaw,  In  re 41,  81,  202,  281 

Crescent  Lumber  Co.,  In  re 225 

Cresson,  Clearfield  Coal  and  Coke  Co.  v.  Stauffer 43,     65 

Crim  V.  Woodford 177,  481,  550 

Criss,    In    re 366 

Crist,  In  re - 354,  365 

Criterion  Watch  etc.  Co.,  In  re 401 

Crooks  V.  People's  Nat.  Bank  of  Malone 452,  454 

Cross  V.  Evans 515 

Crouse  v.   Whittelsey 381 

Crucible  Steel  Co.  v.  Holt 413,  555 

Crystal  Spring  Bottling  Co.,  In  re 470 

Cunningham   v.    German    Ins.   Bank 490,  504,  549 

Curtis,   In  re 31 

Curtiss,    Ir.   re 117 

Gushing,    In   re 225 

Custard  v.  Wiggerson 385 


xxiv  TABLE  OF  CASES. 

D 

PACK 

Dalton,  In  re 392 

Damon  et  al.,  In  re 37,  227 

Daniels,  In  re 549 

Darlington,  In  re 413 

Davidson,   In   re 281 

Davidson  &  Co.  v.  Friedman 479,  502 

Davis,  In  re 204,  413 

Davis  V.  Crompton 415 

Davison,    In   re 169,  432 

Day,  In  re  L.  W 144 

Day  v.  Beck  &  Gregg  Hardware  Co 38,  52,     53 

Day ville  Woolen  Co.,  In  re 144 

Decker-Foster  Co.,  In  re 555 

Deere  Plow  Co.  v.  Anderson 414 

De  Gottardi,  In  re 54& 

De  Lancey  Stables  Co.,  In  re 231 

Deland  v.  Miller  &  Cheney  Bank 452 

De  Lany  &  Co.,  In  re 342 

Delmour,    In    re 360 

De  Long,  In  re 342 

Delta  National  Bank  v.  Easterbrook 478 

Demarest,   In  re 160 

Dempster  v.  Waters-Pierce  Oil  Co 64,  134 

Devries   v.    Orem 275 

Devries  v.  Shanahan 489,  504 

Dexter,    In    re 230 

Diamond,  In  re 348,  355 

Dickas  v.  Barnes 23,  502,  539 

Dickens,  In  re 432 

Dickson,    In   re 47^ 

Dietz,  In  re 384 

Dimock  v.  Revere  Coffee  Co 39g 

Dimm  &  Co.,  In  re 275 

Dinglehoof,  In  re 27 

Disler    y.    McCauley 362 

Dixon,   In   re 554 

Dodge  v.  Kaufman 64,  381 

Dodge  V.  Knowles 486 

Dodge  V.  Norlin 461,  479,  502 

Dokken  v.  Page 461 

Domenig,  In  re 218 

Doran,   In  re 47g 

Doroshow    v.    Ott 478 

Doty,  In  re 218,  220,  547 

Douglas  Coal  and  Coke  Co..  In  re 32 

Douglass  &  Sons  Co.,  In  re 232 

Downing,    In    re 158 

Dowaguiac  Mfg.  Co.  v.  Lochran 548 

Drake,   In  re 28 

Drayton,   In  re 542 


TABLE  OF  CASES.  xxv 

PAGE 

Dressel  v.  North  Star  Lumber  Co 28,  35,  48,  554 

Dresser,  In  re 200,  337,  362,  509,  521,  541,  551 

Dresser  &  Co.,  In  re 361 

Drew  V.  Myers 459 

Duel!,  In  re 432 

Duffy,  In  re 160 

Duguid,   In  re 19 

Dunbar    v.    Dunbar 363 

Duncan  v.  Ferguson-McKinney  Co 158,  503 

Dunlap  Carpet  Co.,  In  re 225 

Dunlop   (Dunlop  y.  Mercer),  In  re 413 

Dunlap  Hardware  Co.  v.  Huddleston 113 

Dunn  Hardware  and  Furniture  Co.,  In  re 200,  554 

Dunn  Salmon  Co.  v.  Pillmore 203 

Dunnigan  Bros.,  In  re 19 

Dunseath  &  Son  Co.,  In  re 134 

Duplex  Radiator  Co.,  In  re 28,  43,  50 

Durham  Paper  Co.  v.  Seaboard  Knitting  Mills 31 

Duryea  Power  Co.,  In  re 144 

Du  Vivier  &  Co.  v.  Galilee 227 

Dwyer,  In  re 19 


E 

Eades,  In  re 359,  361 

Eagles  &  Crisp,  In  re 144 

Easley,  In  re 429 

Eastern  Commission  and  Importing  Co.,  In  re 342 

Eastlake,  In  re 144,  542 

Eau  Claire  Nat.  Bank  v.  Jackman 511 

Eberspacher  v.  Boehm 381 

Edelstein  v.  U.  S 28,  64,  202 

Edens  &  Co.,  In  re 226 

Edes,  In  re 311,  545 

Edinburg  Coal  Co.  v.  Humphrey 90,  523 

Eggert,  In  re 453,  502 

Eidemiller,  In  re 19 

Eisenberg,  In  re 19,  407 

Elby,  In  re 367,  684 

Eldred,  In  re 272,  369 

Eliowich,    In    re 414 

Elkind  &  Schwartz,  In  re 349 

Elliott  V.  Toeppner 52,  479,  501,  511 

Ellis,  In  re 31,  159,  243,  544 

Ellis  Bros.  Printing  Co.,  In  re I74 

Ellithorpe,    In    re 160 

Ellsworth  Co.,  In  re  Edward 32 

Elmira  Steel  Co.,  In  re 27,  538,  539 

Embry  v.  Bennett 218 

Empire  Construction  Co.,  In  re 337 

Empire  Metallic  Bedstead  Co.,  In  re 33 

Ennis  &  Stoppani,  In  re 262,  389 


xivi  TABLE  OF  CASES, 

PAGE 

Epstein,  In  re 169,  412,  554 

Equitable  Loan  and  Security  Co.  v.  Moss  &  Co 247 

Erie  Lumber  Co.,  In  re 103,  128 

Eschwege  &  Cohn,   In  re 192 

Etheridge  Furniture  Co.,  In  re 89 

Ethier,  In  re 333 

Euclid  Nat.  Bank  v.  Union  Trust  Co 503 

Eureka  Furniture  Co.,  In  re 470 

Eurick's  Fort  Hamilton  Brewery,  In  re 174 

Evans,  In  re 161 

Ewing,  In  re 45 

Excelsior  Cafe  Co.,  In  re 29 


F 

Fabian,  In  re 413 

Fagan,  In  re 201 

Fahy,  In  re ." 377 

Falter  v.  Reinhard 144,  145,  542 

Fanning,  In  re 362 

Faulk,  T.  S.  &  Co.  v.  Steiner  et  al 90,  548 

Faulkner,   In   re 200 

Fechter  v.  Postel 343,  362,  381 

Feigenbaum,    In    re 19,     64 

Feldser,  In  re 169 

Fellerman,    In    re 283,  431 

Fellows  V.  Freudenthal 367 

Felsen,    In    re 117 

Felson,  In  re 169,  192,  275,  554 

Fenley  v.  Poor 203 

Fidelity  Ins.  Co.  v.  Roanoke  Iron  Co 128 

Fidler  &  Son,  In  re  E.  J 183,  264 

Field  &  Co.,  Marshall,  v.  Wolf  Bros.  Dry  Goods  Co 399 

Field  V.  U.  S 531 

Fife,   In  re 521,  551 

Filer,    In    re 27,  225 

Finlay,  In  re 217,  547 

Finley    Bros.,    In    re 200 

Finnegan    v.    Hull 362 

Firestone  Tire  and  Rubber  Co.  v.  Agnew  et  al 381,  470 

First  National  Bank  of  Beaumont  v.  Eason 203 

First  National  Bank  of  Belle  Fourche,  In  re 29,     64 

First  National  Bank  of  Chicago,  ex  parte 523 

First  National  Bank  of  Chicago  v.  Chicago  Title  and  Trust  Co 501,  503,  525 

First  National  Bank  of  Denver  v.  Klug 479,  515,  555 

First  National  Bank  of  Louisville,  Ky.,  In  re 452 

First  National  Bank  of  Miles  City  v.  State  National  Bank 479,  481,  503 

First  National  Bank  v.  Lasater 248 

First  National  Bank  v.  Peavey 550 

First  National  Bank  of  Pittsburg  v.  Guarantee  Title  and  Trust  Co 415 

First  National  Bank  of  Wilkesbarre  v.  Barnum 28 


TABLE  OF  CASES.  xxvii 

PAGE 

First  State  Bank  of  Corwith  v.  Haswell 82 

Fischer,  In  re 117 

Fishblatte  Clothing  Co.,  In  re 30 

Fisher,  In  re 145,  157,  159,  160,  541,  550 

Fisher  &  Co.,  In  re 230,  326,  333,  392 

Fisher    v.    Cushman 503 

Fitch    V.    Richardson 547 

Fixen,  In  re 89,  106,  281,  282,  431 

Flanders,    In    re 343 

Flanders  v.  Mullin 362 

Fleischer,  In  re 281,  555 

Fletcher,   In  re 158 

Flickenger  v.  First  National  Bank  of  Vandalia 484,  485,  486,  490 

Flint  Hill  Stone  and  Construction  Co.,  In  re 31,     32 

Florcken,  In  re 89,  95,  542 

Floyd,  Crawford  &  Co.,  In  re 342,  343 

Floyd,  In  re  W.  J 225 

Flynn,   In  re 392 

Forbes,  In  re 25,  324,  539 

Foreman   v.    Burleigh 481 

Forsyth  v.  Hammond 525 

Forth,  In  re 375 

Fortunate,  In  re 342 

Foss,   In   re 177,   461,  549 

Fowler  v.  Jeuks 265 

Fox,  In  re 392,  399 

Francis,  In  re 89 

Francis  v.  McNeal 480 

Frank,    In    re 354,  359 

Frank-fort,    In    re 109 

Franklin,    In   re 323 

Franklin  Lumber  Co.,  In  re 429 

Franklin  Syndicate,  In  re 282 

Frank  v.  Dickey 117 

Frank  v.  Vollkommer 511,  512 

Frazin  &  Oppenheim,  In  re 253,  401 

Frear,    In   re 398 

Freche,    In   re 363 

Freund,  In  re 25,  81,  539 

Frey  v.  Torrey 201 

Frice,      In     re 358 

Friday  v.  Hall  &  Kaul  Co 29 

Friedman,  In  re 169,  170 

Friedman  v.  Myers • 468 

Friedrich,   In  re 159,  243 

Friend.  In  re 399,  478,  480 

Frischberg,  In  re 37 

Fritz,  In  re 377,  384,  521 

Froelich  Rubber  Refining  Co.,  In  re 413 

Fuller  &  Bennett,  In  re 230 

Fulton,  In  re 305 


xxviii  TABLE  OF  CASES. 

PAGE 

Fulton  Club,  In  re 29 

Funk,  In  re 19 

Furth  V.  Stahl 174 


G 

Gage  Co.  v.  Bell 39 

Galb,  In  re 413 

Gany,  In  re 415 

Gardner,   In  re 195 

Garneau,  In  re 20,     28 

Garner  &  Co.,  In  re 305 

Gasser,   In  re 358,   537,  552 

Gay,  In  re 23 

Gaylord,  In  re 348,  360 

Geister,  In  re 342,  343 

General  Metals  Co.,  In  re 84 

Gerdes,  In  re 323 

Gerry,  In  re 316,  323 

Gerstel,  In  re 169,  433 

Gerstman  &  Bandman,  In  re 413 

Gerson,  In  re 30 

Getts  V.  Janesville  Grocery  Co 452,  454 

Ghiglione,  In  re 74,  553 

Gibbs,  In  re 159 

Gift,  In  re 360,  361 

Gilbertson  v.  U.  S 531 

Gilkin,  In  re 431 

Gillette,  In  re 30 

Gillette  &  Prentice,  In  re 31 

Gilligan,  In  re  (Troy  Wagon  Works  v.  Hancock) 414 

Gilroy  &  Bloomfield,  In  re 174 

Ginsberg,  In  re 356,  359,  361,  552 

Girard  Glazed  Kid  Co.,  In  re 481 

Girvin,  In  re 200 

Gladding,  In  re 438 

Gladding  Co.,  In  re  B.  H 229 

Glass,  In  re 360,  366,  552 

Gleason  v.  Smitb  Perkins  &  Co 37,  81,  538,  541 

Glickman  &  Pisnoff,  In  re 377 

Globe,  Cycle  Works,  In  re 342 

Glover  Grocery  Co.  v.  Dome 398 

Godschalk  Co.  v.  Sterling 359,  36O,  361 

Godwin,  In  re 401 

Goldberg,  In  re 343 

Goldberg  Bros.,  In  re 231,  427 

Goldman,  In  re 44O 

Goldman  v.  Smith 45 

Goldsmith,  In  re 323 

Goldstein,   In  re 283 

Goldville  Mfg.  Co.,  In  re 117,  191 


TABLE  OF  CASES.  xxix 

PAGE 

Good,  In  re 479,  503,  505 

Goodale,  In  re 359,  360 

Goodhile,  In  re 368 

Goodman,  In  re 159,  541 

Goodman  &  Brenner,  In  re 480 

Goodman   v.   Curtiss 160 

Goodwin,  In  re 192 

Gordon  Supply  &  Mfg.  Co.,  In  re 145,  183,  542 

Gorman,    In   re 31 

Gorman  v.  Wright 203 

Graessler,   In  re 502 

Graessler  &  Reich wald,  In  re 170,  432 

Grainger,  In  re 550 

Granite  City  Bank  of  Dell  Rapids,   In  re 134,   322,  323 

Grant,   In   re 356,  549,  552 

Grant  Shoe  Co.,  In  re  F.  L 30,  227 

Grant  Shoe  Co.  v.  Laird 511 

Gray,  In  re 460 

Gray  v.  Grand  Forks  Mercantile  Co 220,  479,  483 

Greek  Mfg.  Co.,  In  re 549 

Green  River  Deposit  Bank  v.  Craig  Bros 28,  45 

Gregg   V.    Mitchell 28 

Gregory,    In   re 316 

Griffin  Bros  ,  In  re 359,  360,  384 

Griffin  v.  Mutual  Life  Ins.  Co 258 

Grignard  Lithographic  Co.,  In  re 253 

Grimes,  In  re 20,  27,  183,  243 

Grissler,    In   re 337 

Groetzinger,   In  re 479,   503,  505 

Gross,  In  re 359 

Groves,  In  re 159,  160,  333 

Gruber   v.    Knobloch 381 

Guarantee  Title  &  Trust  Co.  v.  Pearlmore 106,  460 

Guilbert,   In  re 358 

Gurewitz,   In   re 230 

Gutman,    In    re 342 

Gutterson,  In  re 305,  485 


H 

Haase,   In   re 362 

Haack   v.    Theise 537 

Habegger,  In  re 174 

Hackney  v.  Hargreaves  Bros 453 

Haeseler-Kohlhoff  Carbon  Co.,  In  re 74,     93 

Haff,  In  re 41,  48,  82,  90,  93,  124,  541 

Hahlo  et  al.  &  Burret  et  al.  as  Trustee  v.  Cole 256 

Halbert  &  Co.,  In  re 275 

Halbert   v.    Pranke 460 

Hale,  In  re 64,  224,  343,  348,  354,  362 

Hall,  In  re 343 


XXX  TABLE  OF  CASES. 

PAGE 

Halsell,  In  re 359,  361 

Halsey  Electric  Generator  Co.,  In  re 30,  230 

Hamilton,   In  re 360 

Hamilton  Furniture  Co.,  In  re 220,  412,  414 

Hammond,    In    re 31,     45 

Hamrick,  In  re 82,  53S 

Hanna  v.  State  Trust  Co 128 

Hansen,  In  re 384 

Hanson,  In  re 144,  145,  542 

Hanyan,  In  re 30 

Hardie  &  Co.,  In  re 361 

Harder  v.  Clark 452 

Hardt  v.  Schuylkill,  etc.,  Co 426 

Hare,  In  re 145,  147,  265,  542 

Hark  Bros.,  In  re 81,  281,  283,  555 

Hark  v.  C.  M.  Allen  Co 81 

Harmon,  In  re 230 

Harper,  In  re 65,  247 

Harper  &  Bro.,  In  re 33 

Harper  v.  Rankin 363 

Harr,   In   re 361 

Harris,  In  re 20,  28,  53,  82,  292,  305,  392 

Harris,  In  re  Geo 89 

Harris,  In  re  W.  G 539,  545 

Harris  &  Algor,  In  re 377 

Harris  Trustee,  etc.,  v.  1st  Nat.  Bank,  etc 444 

Hart,    In  re 292 

Hart  &  Co.,  In  re 117,  275,  554 

Hartman,   In  re 354 

Hartman  v.  John  Peters  &  Co 33 

Hartsell,   In  re 158 

Harvey,  In  re 392 

Haskell,  In  re 372 

Hassenbusch,  In  re 517 

Hatch,   In  re 158 

Hatcher,   In  re 540 

Hatem.  In  re 218,  232 

Hathorn,  In  re 282 

Hausman,  In  re 432 

Hawk,    In  re 384 

Hawkins,  In  re 314,  545,  640 

Hawley,  In  re 333 

Hayden,  In  re 282 

Hayer  v.  Comstock 226 

Haynes  &  Sons,  In  re 377 

Hays  V.  Wagner 31,     41 

Haywood  Co.  v.  Pittsburgh  Industrial  Iron  "Works 413 

Hebbart,  In  re 19 

Heckathorn,  In  re 413,  415 

Hpcox,   In  re 503 

Heebner,  In  re 186 

Heinsfurter,  In  re 39 

Hemstreet.   In  re 289,  297 


TABLE  OF  CASES.  xsxi 

PAGE 

Henckel  Brewing  Co 226 

Hendrick,  In  re 359,  366,  650 

Henrie  v.   Henderson 444 

Henschel,  In  re 144,  146,  282,  348,  505,  542,  549 

Herbold,   In    re 159 

Hercules,  Atkin  Co.,  In  re 28 

Hersey,   In   re 226 

Herskowitz,  In  re 169,  432 

Herzikopf,  In  re 30,  33,  53,  537 

Hess,    In    re 292 

Hewitt  V.  Berlin  Machine  Works 509 

Heyman,  In  re 165 

Hicks,    In   re 337,  342 

Higgins,    In    re 426 

Hilborn,    In    re 387 

Hildebrandt,    In   re 412 

Hill,   In   re 158 

Hill  Co.,  In  re  T.  E 89,  113,  117,  483,  486 

Hill  Co.,  In  re 413 

Hill  Co.  T.  E.  V.  Contractors  &  C.  Co 93 

Hill  V.  Levy 50 

Hilton,  In  re 521,  551 

Hinds  V.  Moore,  Trustee 478 

Hines,  In  re 93,  158,  160,  203,  227,  553 

Hintze,    In    re 76 

Hirsch,    In   re 359 

Hirschman,  In  re 225 

Hiscock  V.  Varick  Bank 204,  227,  337,  555 

Hitchcock,    In    re 191 

Hixon,  In  re 359,  366,  552,  553 

Hoffschlaeger  Co.  v.  Young  Nap 35,  93,  518,  553 

Holden  v.  Stratton 501,  505,  509,  525 

Holman,  In  re 356,  359,  366,  552 

Holmes,  In  re 348,  502 

Holmes  v.  Baker  &  Hamilton 32 

Hom-e  Discount  Co.,  In  re 177,  337,  549 

Hooks  V.  Aldridge 32 

Hooks  Smelting  Co.,  In  re 282 

Hoover,  In  re 384 

Horgan  v.  Slattery,  In  re 282 

Home  &  Co.,  In  re 202 

Horner-Gaylord  Co.  v.  Miller  &  Bennett 461 

Hornstein,  In  re 30 

Houck  V.  Christy 176,  461 

Houghton  V.  Stiner 453 

Howard,  In  re 256,  281,  431 

Howard    v.    Cunliff 355 

Hoy,  In  re 28 

Hoyt,  In  re 271.  551 

Hoyt  &  Mitchell,  In  re 240,  547,  549,  551 


xxxii  TABLE  OF  CASES. 

PAGE 

Huddleston,  In  re 541 

Hudson  Clothing  Co.,  In  re 481 

Hudson  River  Electric  Power  Co.,  In  re 29,     43 

Hull  V.  Burr 256,  400 

Humbert,  In  re 38 

Humbert  &  Co.,  In  re  L 43 

Hunt,  In  re 33,  461 

Hunt  V.   Dowal 459 

Huntenberg,  In  re 229 

Hurley  v.   Devlin 460 

Hussey  v.   Judson 381 

Hussey  v.  Richardson-Roberts  Dry  Goods  Co 64,  453 

Hutchinson  v.  Le  Roy 502 

Hutchinson  v.  Otis 201,  202,  478,  480,  50-1,  509 

Huttig  Mfg.  Co.  V.  Edwards 64,  453,  551 

Hyde  &  Co.,  In  re 82 


I 

Imperial  Brew.  Co.,  In  re 226 

Independent  Thread  Co.,  In  re 30,     43 

Ingalls  Bros.,  In  re 201,  535,  544,  547 

Ingram  v.  Wilson 503 

Inman  &  Co.,  In  re 225,  226 

International  Milling  Co.,   In   re 226 

Irwin,    In    re 160 

Isaacson,  In  re 103,  113,  115,  284,  538,  548 

Ives,  In  re 76,  480,  503 

Jacobs,  In  re 359,  501,  502 

Jacobs  V.  Ano.,  In  re 360 

Jacobs  and  Roth,  In  re 145,     283 

Jacobs  V.   George 483 

James,  In  re 360 

James   v.   Gray 218 

Jamieson,  In  re  183,  S60 

Jarecki  Mfg.  Co.  v.  McElwaine 64 

Jassoy  Co.,  In  re  The 470 

Jefferson,    In   re 282 

Jeffers,  In  re 160 

Jehu,  In  re 20,  281 

Jemison  Mercantile  Co.,  In  re 41,  504 

Jersey  Island  Packing  Co.,  In  re 248,  337,  407 

Jewett  V.  Huffman 158 

Johnson,  In  re 28,  204,  349,  367 

Johnson  &  Knox  Lumber  Co.,  In  re 289,  <31 

Johnson  v.  U.  S 20,  21,  531 

Johnston  v.  Forsyth  Mercantile  Co 459,  460,  461 

Jones,  In  re 230 

Jordan,  In  re 362 

Jordan  v.   Bridges 268 

Joseph   V.   Markley 268 


TABLE  OF  CASES.  xxxiii 

PAGE 

Joseph  V.  Raff 268 

JuDck  &  Balthazard,  In  re 25.  539 


E 

Kahn.  In  re 389 

Kaiser,  In  re 359,  366,  368 

Kajita,  In  re 240 

Kalb  &  Berger  Mfg.  Co.,  In  re 108 

Kallak,  In  re 230 

Kalter,   In  re 240 

Kane,  In  re 169 

Kanter  &  Cohen.  In  re 108,  282 

Kaufman,  In  re 64,  82,  147 

Kaufmann,  In  re 159,  218,  355 

Kaufman    v.    Lindner : . . .  .   381 

Kaupisch  Creamery  Co.,  In  re 426 

Keet,   In  re 322,  323 

Keith,  Trustee  v.  Gettysburg  Nat.  Bank 452 

Kehler,    In    re 19,     G3 

Keller,   In  re 324 

Kellogg,  In  re 220 

Kelly  Dry  Goods  Co.,  In  re 43,  100,  108,  113,  117,  144,  218,  305,  550 

Kemp,  In  re 426 

Kemper,    In    re 201 

Kennedy  Tailoring  Co.,  In  re 32 

Kenney,  In  re 426 

Kenney  &  Co.,  In  re 144,  146,  226,  429,  555 

Kenova  Loan  &  Trust  Co.  v.  Graham 502,  505 

Kenny  &  Co.,  In  re 542 

Kentucky  Nat.  Bank  of  Louisville  v.  Carley 3G6,  384 

Kenyon,  In  re 176,  201,  227,  413 

Kerrch  v.  U.  S 532 

Kersten,  In  re 43 

Kessler  &  Co.,  In  re 203 

Kessler  v.  Herklotz 258 

Ketchum,    In   re 517 

Ketterer  Mfg.  Co.,  In  re 113,  117,  144,  32G 

Keyes,  In  re 227 

Kiendl,  as  Trustee,  etc.  v.  Dubroff  and  others 208 

Kimball,  In  re 200 

Kindt,   In   re 39 

King  V.  Bloch  Amusement  Co 426 

Kingsley,    In    re 20 

Kingston  Realty  Co.,  In  re 29 

Kirkpatrick,  In  re 113 

Klein  &  Co.,  In  re 437 

Kleinhaus,    In    re 342 

Klein  v.   Powell 359 

Kletchka,  In  re 342 


xxxiv  TABLE  OF  CASES. 

PAGE 

Knapp  &  Spencer  Co.  v.  Drew 170,  178,  542,  550 

Knapp  V.  Milwaukee  Trust  Co 509,  555 

Knauer,  In  re 348 

Knaszak,  In  re 359,  372,  375 

Knopf,  In  re 89,  461,  542 

Knott  V.  Pilman 551 

Koenig,  In  re 549 

Kobusch  V.  Hand 453 

Kohler,  In  re 461 

Korowsky,   In  re 343 

Kranich,  In  re 165 

Kretsch,  In  re 359 

Krinsky  Bros.,  In  re 333,  432 

Kronfeld  v.  Liebman 268 

Kross,  In  re 174 

Kuffler,  In  re 146,  281,  349,  479,  480,  502 

Kuntz  V.  Young 349 

Kurtz,    In   re 549 

Kyle  Lumber  Co.  v.  Bush 84,  478 

Kyte,  In  re 113,  361 

L 

Lackow,  In  re 45 

Lacov,  In  re 68,  93,  113,  432 

Lafferty  &  Bros.,  In  re 218 

Landis,  In  re 170,  413 

Landry  v.  Andrews 453 

Lane,    In   re 398,  399 

Lang,  In  re 81 

Lange,   In  re 284 

Lange  Co.,    In  re   Otto   P 227 

I  angslow.  In  re 23,  554 

Lans,  In  re 169 

La  Plume  Milk  Co.,  In  re 90,  170 

Lasch,  In  re 169,  384 

Lascaris,  In  re 33,  556 

Latimer,  et  al.,  In  re 35 

I  atimer  v.   McNeal 89 

T  aughlin,  In  re 25,  64,  348,  355 

Law,  In  re 145 

Lawrence,  In  re 342,  343.  479 

Lazoris,  In  re 145- 

Lederer,  In  re 74,  349 

Lee,  In  re 201 

Leech,  In  re 452,  454 

Leibowitz,  In  re 201 

Leicester  v.  Hoadley 362 

Leidigh  Carriage  Co.  v.  Stengel 33,  45,    50 

Leinweber,   In  re 169 

Lennox  v.  Allen  Lane  Co.  et  al 511 

Lesaius  v.  Goodman 502. 


TABLE  OF  CASES.  xxxv 

PAGE 

Lesher  &  Son,  In  re  T.  M 550 

Leslie,   In   re 3C8 

Lesser,   In  re 502,  503 

Lesser  Bros.,  In  re 343,  542 

Lesser  v.  Bradford  Realty  Co 452,  453 

Letson,  In  re 64,  160 

Leverton,  In  re 161,  262,  275,  544 

Levey,  In  re 358,  361 

Levi  and  Klauber,  In  re 41,  540 

Levi  V.  Picard 412,  414 

Levin,  In  re 282,  552 

Levor  v.   Seiter 426,  429 

Levy,  In  re 162,  220,  389,  401,  547,  552 

Lewensohn,  In  re 144,  145,  201,  218,  220,  265,  521,  541,  547,  548,  551 

Lewin,  In  re 174,  361,  377,  432 

Lewis,    In  re 361 

Lewis,  In  re  E.  B 229 

Lewis,  Eck  &  Co.,   In  re 220 

Lewis  V.  Bishop 460* 

Liddon  &  Bros.  v.   Smith 478 

Liesum  v.  Krauss 20,  537 

Linton,  In  re 176,  218 

Lipke,  In  re 517,  518 

Lipman,  In  re 20 

Lipman  v.   Stein 21,  160 

Lipsett  Co.,  In  re 548 

Lipsett,  Levittan  &  Co.,  In  re 555. 

Lisk  Mfg.  Co.,  In  re 42 

Little,  In  re 362 

Littlefield,    In   re 322,  323 

Livingston,  In  re 33 

Livingston,  In  re  John  H 220 

Lloyd,   In   re I44 

Lock  Stub  Check  Co.,  In  re 438 

Lockman  v.  Lang 50,  479,  482,  483,  484,  485,  486,  512 

Lockwood  V.   Exchange  Bank 158 

Logan,   In  re 359 

I  ong  V.  Farmer's  State  Bank 485,  511 

Longbottom  &  Sons,  In  re 170 

Loomis  V.  Wallblom 64 

T  ouisville  Trust  Co.  v.  Cominger 437 

Love  V.  Export  Storage  Co 176,  444 

I  oveless  v.  Southern  Grocer  Co 437 

Luby,  In  re 160 

Lucius,  In  re 158 

Lucius  V.  Cawthorn-Coleman  Co 509 

Ludvigh  V.   American  Woolen  Co 414,  468 

Luftig,  In  re 361 

Lullman   &   Co 401. 

Lyman,  In  re 65,     76 

Lynch,  In  re I57 

Lynch  v.  Bronson 201,  460 

Lyon,  In  re 220,  547 


xxxvi  TABLE  OF  CASES. 

M 

PAGE 

McBryde,  In  re 201,  432 

McCabe  v.    Patton 226 

McCall,  In  re 481,  523 

McCallum,  In  re 256 

McCallum  &  McCallum,  In  re 202 

McCarthy,    In    re 365 

McCarty  v.  Coffin 478 

McCauley,  In  re 225 

McChristal  v.  Clisbee 362 

McClintock,  In  re 20,  21,  158,  159,  160,  243 

McClure  v.  Gibbs 53 

McConnell,  In  re 21 

McCormack  v.  Solinsky 401 

McCormick,  In  re 169,  432 

McCoy,  In  re 225 

McCracken  &  McLeod,  In  re 117 

McCrea,    In   re 21,  361 

McDaniel  v.  Stroud 481 

McDonald,  In  re 413 

McDonald  v.  Brown 362 

McDonald  v.  Tefft  Weller  Co 19,     28 

McDuff,   In  re 367.  541 

McEwen  v.  Totten 412 

McFaun,  In  re 64,  355 

McGahan  v.   Anderson 15R 

McGill,  In  re 144,  IJ" 

McGowen  v.  Knittel 53 

McGurn,   In   re 359 

Mclntyre,  In  re  T.  A 237 

McKane,    In   re 93,  362 

McKee,    In    re 439 

McKenna,  In  re 151,  275 

McKenny  v.  Cheny 158 

McKenzie,  In  re 324,  502,  503 

McLish  V.  Roff 515 

McMahon,  In  re 323,  501,  502,  503 

McMurtrey  &  Smith,  In  re 64 

McNaboe  v.  Columbian  Mfg.  Co 454,  455 

McNamara,  In  re 359 

McNaughton   v.   Osgood 53 

McNiel  V.  U.  S 531 

McNulty  V.  Feingold 460 

Maas  V.  Kuhn 337 

MacDougall,    In    re 444 

Machin,   In  re 542 

Machin  &  Brown,  In  re 146 

Mackel  v.  Rochester 282,  342,  343 

Mackellar,  In  re 144,  147 

Mackey.  In  re 20,  28,     41 

Mackissic,  In  re 158 


TABLE  OF  CASES.  xxxvii 

PAGE 

Madden,  In  re 503 

Madison  Steele  Co.   (Elkus  Petitioner),  In  re 281 

Magen  and  Magen,  In  re 431 

Magid-Hope  Silk  Mfg.  Co.,  In  re 28,     37 

Maher,  et  al.,  In  re 362 

Mahler,    In   re 226 

Mahoney,  et  al.,  v.  Ward 20,  537 

Malino,    In    re 144 

Mammoth  Pine  Lumber  Co.,  In  re 41,  113,  549,  550 

Mandel,  In  re 21 

Mandell  &  Co.  v.  Levy 398 

Mangan,    In   re 145 

Manhattan  Ice  Co.,  In  re 30 

Manning,  In  re 157,  159,  437,  544 

Manson  v.  Williams 64 

Maples,    In   re 362 

Marcus,  In  re 196,  289,  521,  551 

Marine  Machine,  etc.,  Co.,  In  re 28,     43 

Marks,  In  re 550 

Marshall  Paper  Co.,  In  re 354 

Martin,  In  re 192,  392 

Martin  v.  Bigelow 452 

Mason,  In  re 39,  64,  76,  348 

Mason  v.  Nat.  Bank  of  Little  Falls 452 

Mason  v.  St.  Albans  Furniture  Co 229 

Mason  v.  Wolkowich 89,  305,  478,  502 

Mathews  Consol.  Slate  Co.,  In  re 28 

Matson,   In  re 28 

Matthews,  In  re 326,  540 

Mattley  v.  Wolfe 461 

Mauran  v.  Crown,  etc.,  Co 438 

Maxson,  In  re 159 

Mayer,  In  re 191,  282,  333 

Maynard  v.  Hecht 515 

Mays,  In  re 437 

Mellen,    In    re 283 

Mercedes  Import  Co.,  In  re 342 

Merchants  Nat.  Bank,  etc.,  v.  Cole,  Adm 479 

Mercur,  In  re 82 

Meredith,  In  re 159.  204 

Mero,  In  re 30,  31,  359 

Mersman,   In  re 256 

Mertens  &  Co.,  In  re 204,  227,  343,  501 

Messengill,  In  re 389 

Metcalf  V.  Barker 343,  426 

Metropolitan  Store  &  Saloon  Fixture  Co 258 

Meurer,   In  re 360 

Meyer,  In  re 25 

Meyer,  et  al..  In  re 35 

Meyers,  In  re 64,  35Z,  360,  384 

Meyer  Drug  Co.  v.  Pipkin  Drug  Co 505 

Milgraum  v.  Ost 358,  359,  360 

Miller,  In  re 81,  354,  361 


xxxviii  TABLE  OF  CASES. 

PAGE 

Miller  Electrical  Maintenance  Co.,  In  re 470 

Mills  Co.,  In  re 455 

Mills  V.  J.  H.  Fisher  &  Co 33,  35,  481 

Mills  V.  Virginia-Carolina  Lumber  Co 204,  323 

Milne  Mfg.   Co.,  In  re 545 

Milne,  Turnbull  &  Co.,  In  re 144 

Miner,  In  re 200 

Miner's  Brewing  Co.,  In  re 202,  323 

Mishawaka  Woolen  Mfg.  Co.  v.  Smith 415 

Mitchell,  In  re 158,  326 

Mitchell  V.  Mitchell 459 

Mize,  In  re 169 

Moehs  &  Rechnitzer,  In  re 93 

Moench  &  Sons  Co.,  In  re 43,     65 

Monroe  &  Co.,  In  re  J.  M 160 

Montello  Brick  Works,   In  re 225 

Moody,  In  re 89,  226 

Moody   V.    Cole 432 

Moore,    In    re 170 

Moore  &  Bridgman,  In  re 274,  501 

Moore   &   Muir   Co.,    In   re 29 

Moore  v.  Green 338,  503 

Morales,  In  re 30 

Morgan,  In  re 366 

Morgan  v.  Benedum 481 

Morgan  v.  1st  Nat.  Bank 503 

Morris,  In  re 139,  146,  192,  200 

Morrison,   In   re 64 

Morse  Iron  Works  &  Dry  Dock  Co.,  In  re 275 

Morss  V.  Franklin  Coal  Co 53 

Moulton  V.  Coburn 31,     35 

Mound   Mines  Co.  v.  Hawthorn 478 

Mowery,  In  re 202 

Mudd,  In  re 366 

Mueller,  In  re 479,  501,  502 

Mueller  v.  Bruss 459,  460 

Mueller  v.   Goerlitz 21 

Mueller  v.  Nugent 95,  502,  509,  525 

Muhlhauser  Co.,   In  re 275,  316 

Mulford  V.  4th  St.  Nat.  Bank 502,  503 

Mullen,  In  re 460 

Munger  Vehicle  Tire  Co.,  In  re 28,  470 

Murphy-Barbee  Shoe  Co.,  In  re 412,  414,  415 

Murphy  v.  Blunienreich 381 

Murphy    v.    John    Hofman    Co 1''8 

Murray,  In  re 25,  372 

Murray  &  Winters,  In  re 539 

Murray  v.  Joseph 169,  461 

Muschel  V.  Austern 305 

Muskoka  Lumber  Co.,  In  re 201 

Mustin,    In    re 342 

Mutual  Mercantile  Agency,  In  re 43 

Myers  &  Charni,  In  re 202 


TABLE  OF  CASES.  xxxix 

N 

PAGE 

Nachman,  In  re 282,  362 

Nassau,   In  re 454 

National  Bank  v.  Katz  541 

National  Surety  Co.  v.  Medlock 64,  362 

National  Hotel  &  Cafe  Co.,  In  re 32 

National  Mercantile  Agency,  In  re 106,  134 

Nathanson.  In  re 358,  360,  361.  366,  552 

Neal,  In  re 160 

Neasmith,  In  re 53,  479,  511 

Neely,  In  re 362 

Neff,  In  re , 226 

Nelson  and  Bro.  Co.,  In  re 90,  134,  426 

Neustadter  et  al.  v.  Chicago  Dry  Goods  Co 64,     66 

New  England  Piano  Co.,  In  re 322,  323 

New  England  Thread  Co.,  In  re 230 

New  River  Coal  Land  Co.  v.  Ruffner  Bros 337 

Newland  v.  Zodikow 444 

Newton,  In  re 265,  439,  440 

Newton  &  Co.,  In  re  E.  M 415 

New  York  Building  and  Loan  Banking  Co.,  In  re 28 

New  York  Economical  Printing  Co.,  In  re 505 

New  York  Institution,  etc.,  v.  Crockett 381 

New  York  and  Westchester  Water  Co.,  In  re 29 

New  York  Tunnel  Co.,  In  re 200,  225,  342 

Niagara  Contracting  Co.,  In  re 76 

Nice  and  Schrieber,  In  re 144 

Ninth  National  Bank  v.  Moses 258 

Nixon,  In  re 93 

Nixon  V.  Fidelity  and  Deposit  Co.,  etc 93 

Noel,  In  re  (Powell  v.  Leavitt) 227 

Norcross,    In    re 30 

Norfolk  and  Western  R.  Co.  v.  Graham 201 

North    Carolina    Car    Co.,    In    re 230 

Northrop,  In  re 342 

Norton,  In  re 37,  537 

Novak,   In  re 30,  160 

Noyes   Bros.,    In    re 203,  479 

Nunn,  In  re 160,  243 

Nusbaum,  In  re 31,     82 


o 

Oakland  Lumber  Co.,  In  re 89,  90 

O'Connell,    In    re 192,  503 

O'Connor,  In  re 412,  413 

O'Dell    V.    Boyden 502 

Off  V.   Hakes 227,  451,  454 

Ogles,    In    re 50 

O'Hara,   In  re 158 

Ohio  Valley  Bank  Co.  v.  Mack 192,  218,  481 


xl  TABLE  OF  CASES. 

PAGE 

Ohio  Valley  Bank  Co.  v.  Swltzer 480,  503 

Oil  Well  Supply  Co.  v.  Hall 55 

Oldmixon  v.  Severance 247 

Oleson,  In  re 384 

Olman,    In   re 401 

Oliver,    In   re 384,  385 

Oliver  v.  Armour  &  Co.  et  al 2S 

Omraen  v.  Talcott 455 

O'Neal,  ex  parte 521 

Openhym,  Wm.  &  Sons  v.  Blake 413 

Oppenheimer,  In  re 117 

Orcutt  Co.,  J.  B.,  V.  Green 201,  535,  547 

Orne,  In  re 681 

Orr  Co.  V  Cushman 108 

Orr  v.  Tribble 426 

Osborn,  In  re 159,  552 

Osborne,    In    re 360,  366 

Osborne's  Sons  &  Co.,  In  re  John 201,  547 

Osborne  v.  Pennsylvania  R.  Co 268 

Owens  V.  Bruce 333 

Owings,  In  re 157 


P 

Page  V.  Edmunds 159,  316 

Paige,  In  re SO' 

Paine,  In  re 439.  440 

Painter  v.  Napoleon  Township 452,  453 

Palmer  v.   Roginsky 460 

Pancoast,    In   re 200 

Paramore  and  Ricks,  In  re 15^ 

Parish,    In    re 359 

Park,  In  re 161 

Parker  v.  Black 451,  453 

Patten  v.  Carley 256 

Patterson.  In  re 359 

Patterson  &  Co.,  In  re 412 

Pattee,  In  re 437 

Pauley,    In    re 437 

Payne,  In  re 191 

Paxton  V.  Scott 355 

Peacock,  In  re 35^ 

Pearson,   In   re 169 

Peck,  In  re 201,  359,  360,  366 

Pepperdine  v.  Bank  of  Seymour 426 

Peiser,  In  re 134 

Penny  &  Anderson,  In  re 414 

Penzansky,  In  re 30 

People,  ex  rel  Taranto  v.  Erlanger 521,  551 

People's  Bank  v.  Brown 281.  282 

People's  Department  Store  Co.,  In  re I77 

Pequod  Brewing  Co.,  In  re 275 

Perkins,  In  re 415 


TABLE  OF  CASES.  xli 

PAGE 

Peter  Paul  Book  Co.,  In  re 438 

Peters,   In  re 284 

Peterson,  In  re 354,  381,  382 

Pettingill  &  Co.,  In  re 201,  224,  225,  504,  547,  54:i 

Pfaffinger,  In  re 218,  227,  361,  45  4 

Pfeiffer,  In  re 158,  159 

Phelps,  In  re 160,  165,  256,  454 

Fhenix  Nat.  Bank  v.  Waterbury 33.  225 

Philadelphia  and  Lewes  T.  Co.,  In  re 74,  93,  553 

Philadelphia  Freezing  Co.,  In  re 29 

Pickens  Mfg.  Co.,  In  re 32,     50 

Pickens  v.  Roy 338 

Pierce,  In  re 413,  414,  554 

Pierson,    In    re 440 

Pilger,  In  re 28 

Pincus,  In  re 348.  354,  361,  610 

Pittelkow,  In  re 322 

Pittner    In  re 282 

Pittsburg  Laundry  Supply  Co.  v.  Imperial  Laundry  Co 32,     82 

Platteville  Foundry  &  M.  Co.,  In  re 316,  323,  324 

Plant,  In  re 523 

Plaut  V.  Gorham  Mfg.  Co 64 

Plimpton,  In  re 162,  540,  554 

Plotke,  In  re 20,     28 

Plummer  v.    Myers 454 

Plummer.  In  re 275 

Plymouth  Cordage  Co..  In  re • 35,  74,  81.  502 

Polakoff.  In  re 63.  64 

Pond  V.  N.  Y.  Exchange  Bank 451 

Pontiac  Buggy  Co.  v.  Skinner 415 

Poore,    In   re 413 

Porter  &  Bros.,  In  re 258 

Portner,  in  re 82,  541 

Post  V.   Berry 461 

Postlethwaite  v.  Hicks 479,  481 

Prager,  In  re 183,  361 

Pratt  V.  Bothe 174,  480 

Pratt  V.   Christie 451 

Pratt  V.  Columbia  Bank 454 

Prentiss  v.  Bowden 268 

Presscott  v.  Galluccio 452,  460 

Price,  In  re 284 

Price  V.  Derbyshire  Coffee  Co 455 

Priegle  Paint  Co.,  In  re 413 

Pridmore  v.  Puffer  Mfg.  Co 415 

Prince  &  Walter,  In  re 160.  230,  272,  323 

Prindle  Pump  Co.,  In  re 201,  227 

Proudfoot,  In  re 203 

Pure  Milk  Co.,  In  re 31,  82,  541 

Pursell,    In   re 281 

Purvine,  In  re 432 

Putnam  v.  Loveland 323 


xlii  TABLE  OF  CASES. 

Q 

PAGE 

Quackenbush,  In  re 358,  359,  366,  381,  542 

Quartz  Gold  Mining  Co.,  In  re 43 

Quinby,  In  re 29 

Quinn,  In   re 204 

R 

Randall,  In  re 354,  360 

Randolph  v.  Scruggs 225,  437,  515 

Rauchenplat,  In  re 542,  555 

Ray,  In  re 20,  28 

Reading  Hosiery  Co.,  In  re 224 

Reboulin  Fils  &  Co.,  In  re  E 205,  547 

Receivers  of  Virginia  Coal  &  Coke  Co.  v.  Staake 427 

Rector  v.  City  Deposit  Bank  Co 511 

Reese,  In  re 159,  170,  439 

Reid,  In  re 292 

Reinboth,  In  re 274 

Reinhart,  In  re 159 

Reisler  Amusement  Co.,  In  re  J.  J 29 

Rekersdres,  In  re 144,  542 

Reliance  Storage  &  Warehouse  Co.,  In  re 115,  547 

Remington  Automobile  &  Motor  Co.,  In  re 470 

Remmers,  In  re 360 

Remsley,    In    re 28 

Ren  da,  In  re 158 

Rennie,  In  re 19 

Resler,  In  re 20 

Restein,  In  re 103.  128 

Reukauff,  Sons  &  Co.,  In  re 178,  550 

Rhodes,  In  re 159 

Rhutarsel,  In  re 355 

Rice,  In  re 225,  544 

Richards,  In  re 113,  146,  504 

Richardson  v.  Woodward 157 

Richmond  Standard  Steel  Spike  &  Iron  Co.  v.  Allen 20,     32 

Rider,  In  re 218,  232,  398,  547 

Ridge  Ave.  Bank  v.  Sundheim 454 

Rielly  v.  Rosenberg 268 

Riggs  Restaurant  Co.,  In  re 82,  538 

Riley,  Talbot  &  Hunt,  In  re 43 

Rinker,  In  re 414 

Ripon  Knitting  Mills  v.  Schreiber 432 

Rise  v.  Bordner 28 

Risteen,  In  re 37,  537 

Roanoke  Furnace  Co.,  In  re 220,  262 

Roberts,  In  re  (Smithson  v.  Emerson) 314 

Robertshaw.  In  re 481,  489 

Robinson,    In   re 202,  360 

Roche,  In  re 480 


TABLE  OF  CASES.  xliii 

PAGE 

Rochester  Trust  Co.  v.  Onteonta,  etc.,  R.  Co 128 

Rochester  Trust  Co.  v.  Rochester,  etc.,  R.  Co 128 

Rodgers,  I  n  re 460 

Roeber,   In   re 202 

Rogers  Milling  Co.,  In  re 38 

Rogers  v.  De  Sota,  etc.,  Milling  Co 33,  537 

Rogers  v.  Fidelity  Savings  Bank  &  Loan  Co 454 

Rogers  v.  Page 455 

Rollins  ete.  Co.,  In  re 30 

Rollins  Gold  &  Silver  Mining  Co.,  In  re 43 

Romine,  In  re 432,  542,  547,  549 

Roosa,  In  re 384 

Rose,  In  re 281,  412 

Rosenberg,   In  re 201 

Rosenblatt,  In  re 292 

Rosenburg,  In  re 201 

Rosenthal,   In  re 90,  191,  343 

Rose  Shoe  Mfg.  Co.,  In  re 480 

Rosser,  In  re 282,  432,  502,  504 

Ross-Meeham  Foundry  Co.  v.  Southern  Car  &  Foundry  Co 134 

Ross  v.  Saunders 398,  399,  480,  552 

Ross  V.  Stroh 479.  501,  555 

Roth  &  Appel,  In  re 226 

Rothenberg,  In  re 30 

Rothschild,  In  re 161,  169 

Roukous,  In  re 406,  407 

Rowland  v.  Auto  Car  Co 89 

Royal,  In  re 349,  354 

Royce  Dry  Goods  Co.,  In  re 218 

Rudwick,  In  re 401,  406 

Rudwick    &    Co.,    In    re 170 

Ruhl-Koblegard  Co.  v.  Gillespie 459 

Rung  Bros.,  In  re 543,  544 

Rung  Furniture  Co.,  In  re 32 

Ruos,   In  re 282 

Rusch,  In  re 15l'  501 

Rush   v.   Lake 504 

Rushmore,  In  re 160 

Russell,  In  re 25,  343,  348,  361,  539,  549 

Russell  Card  Co.,  In  re  W.  W 275 

Russie,  In  re I9 

Rutland  Co.  Nat.  Bank  v.  Graves 452 

Rutland  Realty  Co.,  In  re 29 

Ryan,   In  re 30,  74 

Ryan  v.  Hendricks 81,  82,  502 

Ryburn,  In  re 439,  44O 

Ryder,    In   re 401 

Ryker  v.  Gwynne 268,  459 


xliv  TABLE  OF  CASES. 

S 

PAGE 

Sacharoff  and  Kleiner,  In  re 407 

Sale,  In  re 160 

Salmon  and  Salmon,  In  re 32 

Salt  Lake  Valley  Canning  Co.  v.  Collins 84 

Rr.mel  v.  Dodd 169,  432,  502,  504 

Sample  v.  Beasley 338 

Sampter,  In  re 201 

Samuelsohn,  In  re 281,  294 

Sanborn,  In  re 323,  540 

Sanderlin,  In  re 23 

Sanderson,   In  re 201 

Sanford  Furniture  Mfg.  Co.,  In  re 275 

Sapiro,    In    re 292 

Saratoga  Gas,  etc.,  Co.,  In  re 523 

Sauer,    In   re 415 

Savage  v.  Savage 324 

Sax,  In  re 170 

SaxtoB  Furnace  Co.,  In  re 323 

Schachter,  In  re 169,  361 

Schaeffer,   In  re 322 

Schafer,  In  re 161 

Scheerman,    In    re 247 

Scheldt  Bros.,  In  re 230 

Scheld,  In  re 160 

Scherr,  In  re 272 

Schenck,  In  re 460 

Schenectady  Engineering  &  Constructive  Co.,  In  re 195 

Schenkein  &  Ano,  In  re 30,     38 

Schermerhorn,  In  re 256 

Schiller,  In  re 549 

Schiller  v.  Weinstein 382 

Schindler,  In  re 413 

Schlesinger,  In  re 169,  432 

Schlessel,  In  re 413,  415 

Schloss  v.  A.  Strellow  &  Co 53 

Schmilowitz  v.    Bernstein 426 

Schocket,    In   re 423 

Schomacker  Piano  Mfg.  Co 226 

Schreier  v.  Hogan 268 

Schrom,  In  re 106,  134 

Schuler  and  Hassengle,  In  re 183 

Schulman,  In  re 282,  431 

Schulman  &  Goldstein,  In  re 431 

Schwaniger,  In  re 19 

Schweer  v.  Brown 432,  433,  503 

Scofield  v.  U.  S.  ex  rel.  Bond 240,  262 

Scott,  In  re 27,  56,  113,  186,  200,  282,  542,  547,  549 

Scott  V.  Abbott 225 

Screws,  In  re 275,  554 

Scully,  In  re 217 

Seaboard  Fire  Underwriters,  In  re 28 

Sears,   In  re 82,     84 


TABLE  OF  CASES.  xlv 

PAGE 

Sears,  Humbert  &  Co.,  In  re 93,  113,  124,  538 

Security  Warehouse  Co.  v.  Hand 478 

Seider,  In  re 261 

Seligman,  In  re 401 

Selkregg  v.  Hamilton 93,  553 

Sellers  v.  Bell 20,  162,  554 

Semner  Glass  Co.,  In  re  Philip 555 

Semens,  In  re 480 

Servis,  In  re 358,  359,  366 

Sessions  v.   Romadka 248 

Shachter,    In   re 432 

Shaeffer,  In  re 324 

Shaffer,  In  re 361,  385,  439,  537 

Shapiro  v.  Thompson 253 

Sharr,  In  re 160 

Shaw,  In  re 218,  282 

Shea,  In  re 326,  333 

Sheldon  v.  Parker 459 

Shepherd,  In  re 359 

Shera,   In   re 282 

Shiebler  &  Co.,  In  re 174,  275 

Shoe  &  Leather  Reporter,  In  re 323 

Shoesmith,   In  re 81 

Shriver,  In  re 176 

Shropshire  &  Co.  v.  Bush 230 

Shute,  et  al.,  v.  Patterson,  et  al., 37,     63 

Shutts  V.  Bank 39 

Siebert,  In  re 343,  542,  653,  659 

Silvey  v.  Tift 412 

Silverman,    In    re 349 

Silverman  Bros.,  In  re 226,  227 

Silverman  &  Schoor,  In  re 117 

Simon  &  Sternberg,   In  re 177 

Simonson,  In  re 39 

Simonson  v.  Sinsheimer 31,  33,     53 

Simpson  Mfg.  Co.,  In  re 413 

Singer,   In  re 283,  431 

Sinsheimer  v.  Simonson 437 

Skelton  v.  Price 461 

Skewis  V.  Bartlett 460 

Skillin  V.  Endelman 460,  461 

Skillin  V.  Magnus 470 

Skilton  V.  Coddington 459 

Skubinsky  v.  Brodek  et  al 281,  431 

Sloan,    In    re 158 

Slomka,  In  re 229 

Smalley  v.  Langenour 157,  509,  543 

Smith,  In  re 93,  145,  192,  224,  225,  226,  256,  314,  362,  540,  544 

Smith  &  Nixon  Piano  Co.,  In  re 414 

Smith  V.  Cooper 117 

Smith  V.  Means 478 

Smith  V.  Mottley 229,  414 


xlvi  TABLE  OF  CASES. 

PAGE 

Smith  V.  Township  of  Au  Gres 275,  316 

Snell,  In  re 426 

Soils  &  Peiser,  In  re 134 

Solomon  &  Carrol,  In  re 539 

Sonnabend,  In  re 398,  407,  542 

Soper,  In  re 20,  543 

Soppr  &  Slada,  In  re 439,  552,  556 

Sorkin,  In  re 431 

Southern  Loan  &  Trust  Co.  v.  Benbow 323,  342 

Southern  Pine  Co.  v.  Savannah  Trust  Co 177,  413 

Southern  Steel  Co.,  In  re 43,  117 

Spalding,  In  re 32,     93 

Spicer,   In  re 439,  440 

Spitzer,   In  re 108 

Standard  Varnish  Works  v.  Haydock 413 

State  Bank  of  Chicago  v.  Cox 33 

State  of  New  Jersey  v.  Anderson 230 

Stavrahn,  In  re 169,  432,  433 

Stearns  v    Flick 437 

Steed.  In  re 361 

Steed  &  Curtis,  In  re 350,  372 

Steele  v.  Buel 160,  481 

Steele,  ex  parte 555 

Stegar,  In  re 19 

Stein,  In  re 19,  37,  41,  81,  272 

Stein  &  Co.,  In  re  L 35 

Steiner  v.  Marshall 502,  504 

Stelling  V.  Jones  Lumber  Co 481 

Stephens,  In  re 158 

Stephens  v.  Merchants  National  Bank 53 

Sterlingworth  Ry.  Supply  Co.,  In  re 338 

Stern,  In  re 220 

Stern  v.  Mayer 454 

Sternburgh  v.  Duryea  Power  Co 470 

Steuer,  In  re 343,  542 

Stevens,  In  re 200,  201,  323 

Stevens  v.  Nave  McCord  Mercantile  Co 30,  225,  480,  481,  503 

Stevens  v.  Oscar  Holway  Co 453 

Stevenson,   In   re 541 

Stevenson  v.  Milliken  Tomlinson  Co 454 

St.  Louis  Ice  Mfg.  &  Storage  Co 230 

Stoever,  In  re 201,  219,  547 

Stokes,  In  re 23,     28 

Stone,    In    re 349 

Stone  V.  Jenkins 398 

Stout,  In  re 160 

Strait,    In    re 53S 

Strasburger  v.  Bach 468 

Stratemeyer,  In  re 117,  192 

Strellow  V.   Schloss 50 

Strobel,  In  re 100,  195,  227 

Stroheim  v.  Perry  &  Whitney  Co 30,  31,     48 

Sturgeon,  In  re 281,  283,  547 


TABLE  OF  CASES.  xlvii 

PAGE 

Sturgis  V.  Corbin 305,  323.  333 

Styer,  In  re 322,  323,  326,  545 

Suffel  V.  McCartney  Nat.  Bank 454 

Sugenheimer,  In  re 200,  547 

Sullivan,  In  re 158,  160,  342,  363 

Sully,  In  re 50.  113.  220 

Summers  v.  Abbott 437 

Sumner,  In  re 200.  218,  281 

Sunseri,  In  re 93 

Susquehanna  Roofing  Co.,  In  re 413 

Sutfy,  In  re 33 

Sutherland  v.  Lasher 20,  382,  537 

Sutter  Bros.,  In  re 281 

Sweetzer,  Pembroke  &  Co.,  In  re 226 

Sykes,  In  re 19,  348 


T 

Taft,  C.  C.  Co.  V.  Century  Sav.  Bank 31,  479,  482,  502 

Taplin,  In  re 358,  359 

Taylor,  In  re 30,  41,  50,  161.  433 

Taylor  Trustee,  etc.,  v.  Nichols 452 

Teague  v.  Anderson  Hardware  Co 256.  459 

Tennessee  Producer  Marble  Co.  v.  Grand  et  al 338,  426 

Terens,  In  re 3G1 

Terrill,  In  re 191 

Thaw,  In  re 521 

Thomas,  In  re 358 

Thomas  v.   Adelman 454 

Thomas  v.  Roddy 268,  459.  460 

Thomas  v.   Sugarman 461,  509 

Thomas  v.  Taggart 227,  237,  414 

Thomas  v.  Woods 478 

Thomlinson  Co.,  et  al..  In  re  32 

Thompson,  In  re 28,  333,  437 

Thompson  Milling  Co.,  In  re  J.  H 226 

Thompson  Mercantile  Co.,  In  re 231 

Thompson  Sons,  In  re  E.  0 227 

Thompson  v.  Judy 362 

Thompson  v.  Mauzy 480 

Thrall  v.  Union  Maid  Tobacco  Co 470 

Throckmorton,  In  re 326,  333 

Tice,  In  re 413 

Tiffany  v.  La  Plume  Condensed  Milk  Co 28 

Tilden,  In  re 158 

Tindle  v.  Birkett 343,  363 

Tinker  v.  Colwell 363,  381 

Title  Guarantee  &  Surety  Co.  v.  Guarantee  Title  &  Trust  Co 231 

Tobias,  In  re 157 

Todd,   In  re 549 

Toledo  Portland  Cement  Co.,  In  re 45 

Tollett,  In  re 159 


xlviii  TABLE  OF  CASES. 

PAGE 

Toms,  In  re 342 

Tontine  Surety  Co.,  In  re 29 

Toothaker  Bros.,  In  re 384 

Toxaway  Hotel  Co.  v.  Smathers  Co 29 

Tracy  &  Co.,  In  re 292 

Traders  Ins.  Co.  v.  Mann 255 

Tribelhorn,  In  re 30.  41,     48 

Troeder,  In  re 359,  360 

Tucker.   In  re 218 

Tucker,  In  re  M.  E.  Pet 323 

Tudor,  In  re 169.  432 

Tully,  In  re 20.     76 

Tumlin  v.  Bryan 453 

Tune,   In  re 159,  426 

Tupper,   In   re 31,     33 

Turnbull,    In   re 158 

Turner  &  Co.,  In  re  J.  H 144 

Turner  v.  Fisher 454 

Turner  v.  Turner 363 

Tybo  Mining  &  Reduction  Co.,  In  re 84,  134,  538 


u 

Union  Nat.  Bank  v.  Neill 502 

Union  Trust  Co.  v.  Chicago,  etc.,  R.  Co 128 

United  Button  Co.,  In  re 84,  227,  538 

United  States  ex  rel.  Adler  v.  Hammond 480.  523 

United  States  ex  rel.  Kelley  v.  Peters 521 

United  States  ex  rel.  Mansfield  v.  Flynn 520 

United  States  ex  rel.  SchaufHer  v.  Union  Surety  &  Guaranty  Co 240 

United  States  ex  rel.  Scott  v.  McAleese 521 

United  States  Graphite  Co.,  In  re 292,  322.  323.  426 

United  States  v.  Brod   282,  531 

United  States  v.  Chambers   531 

United  States  v.  Cohn    531 

United  States  v.  Comstock    et    al 531 

United  States  v.  Goldstein  431,  433 

United  States  v.  Lake    531 

United  States  v.  Liberman    531,  548 

United  States  v.  Simon     282 

United  States  v.  Young  &  Holland  Co 531 

Unitype   Co.   v.   Long 415 

Upson.  In  re 384 

Upson  V.  Mt.  Morris  Bank 454 

Urban  &  Suburban,  In  re 76 


V 

Vaccaro,  et  al.  v.  Security  Bank 453 

Van  Buren,  In  re 343 

Van  De  Mark,  In  re 144,  145,  147,  542 


TABLE  OF  CASES.  xlix 

PAGE 

Van  Emon,  et  al.  y.  Veal 43 

Van  Iderstine,  Trustee  v.  National  Discount  Co 460,  461 

Van  Wagenen  v.  Sewall 515 

Vary   v.    Jackson 439 

Vastbinder.  In  re 30,  33,  324,  337,  429 

V.  D.  L.  Co.,  In  re 231 

Vehon  v.  Ullman 360,  480 

Vitzthtim  V.  Large 158,  451 

Vetterman,  In  re 32 

Virginia  Hardware  Mfg.  Co.,  In  re 453 

Viguisney  v.   Allen 451 

Vogt,    In   re 323 

Von  Hartz  &  Co.,  In  re 134 

Von  Kern,  In  re 160 


w 

Wagner,  In  re 348 

Wagner  v.  United  States  &  Houston 521 

Walder,  In  re 170,  372,  650 

Walker,  In  re 186,  281 

Walker  v.   Muir 381 

Walker  v.  Woodside 82 

Wall  et  al.  v.  Cox 451,  453,  460 

Walrath,  In  re 19,  64,  348 

Walsh,  In  re 282 

Walsh  Bros.,  In  re 426 

Walton,  In  re 282 

Ward,  In  re 50 

Warmath  v.  O'Daniel 453 

Warner,  In  re 436 

Wasey  v.  Holbrook 460 

Waterloo  Organ  Co.,  In  re 203,  323 

Watertown  Carriage  Co.  v.  Hall 363 

Watkinson  &  Co.,  In  re 219 

Watson  V.  Merrill 64,  226,  253 

Watts,    In    re 431.  525 

Waugh,  In  re 555 

Waxelbaum,  In  re 19,  28,  158,  538 

Waynesboro  Drug  Co.,  In  re 401 

Weaver  v.  Hugill  Stone  Supply  Co 229 

Wechsler  v.  U.  S 281,  282 

Weidenfeld  v.  Tillinghast 20,  382,  607 

Weil,  In  re 412,  413 

Weinreb,  In  re 169,  362 

Weintraub,  In  re 349 

Weiss,  In  re 230 

Wells,    In   re 413 

Wenham,    In   re 363 

Wenman,    In   re 521 

Wentworth  Lunch  Co.,  In  re 29 

West  Co.  V.  Lea 535 


k 


1  TABLE  OF  CASES. 

PAGE 

Western  Investment  Co.,  In  re 64 

Western  Tie  and  Lumber  Co.  v.  Brown 50^ 

Westfall  Bros.  &  Co.,  In  re 284 

Westfall,  et  al.  v.  Avery 452 

Westheimer  v.  Howard 20 

Westlund,  In  re 230 

West  Side  Paper  Co.,  In  re •   231 

West  V.  McLaughlin  Co 481,  550- 

Wetmore,  In  re 359,  360 

Wetstein  v.  Franciscus 454 

Wheeler,  In  re  E.  S 292 

White,  In  re 33,  81,  159,  160,  243,  282,  544 

White  Mountain  Paper  Co.  v.  Morse  &  Co 29' 

Whitener,    In    re 479,  480,  502 

White    V.    Thompson 342 

Whitney    v.    Dresser 218 

Whitney  v.  Wenhan 122,  444 

Wigmore,    In    re 226 

Wilbur  V.  Watson 437 

Wilcox,  In  re 282,  368,  542,  554 

Wilder  v.  Watts 81 

Wildes'  Sons,  In  re  Samuel 177 

Wilk,   In  re 337 

Wilka,    In    re 322,  323 

Wilder  v.  Watts 82,  538 

Wildes'   Sons,   In  re 548 

Williams,  In  re 20,  27,  74,  93,  134,  281,  504,  548 

Williams  Estate,  In  re 226,  324,  36S 

Williams  Bros.  v.   Savage 486,  490 

Willis  Cab  &  Automobile  Co.,  In  re 29 

Wilmington  Hosiery  Co.,  In  re 43 

Wilson,   In  re 160,    401,  431 

Wing  Yick  Co.,  In  re 23,  31,     37 

Winkels,  In  re 218 

Wir.ship,  In  re 39& 

Winston,  In  re 31 

Winton    Lumber   &  Manufacturing  Co.,  In  re 230 

Wiseman  &  Wallace,  In  re 247 

Wittenberg,    In    re 364,  36& 

Wolf,  In  re 19.  361 

Wolfensohn,   In   re 359,  366 

Wolff,  In  re 34& 

Wolf  &  Levy,  In  re 550 

Wollock,    In    re 342 

Wood,  In  re 157,  413 

Woodend,  In  re 401 

Wood  &  Henderson,  In  re 174 

Wood   v.   Carr 425 

Wood  V.  U.  S.  Fidelity  &  Guaranty  Co 226 

Wood,  W.  A.,  Mowing  &  R.  Machine  Co.  v.  Vanstory 414 

Woolford  V.  Diamond  State  Steel  Co 81 

Wooten,  In  re 218 

Worcester  Co.,  In  re 481,  505- 


TABLE  OF  CASES.  li 

PAGE 

Worland,  In  re 322 

Worrell,  In  re 281 

Wright,  In  re 481 

Wright  V.  Sampter 452,  453 

Wright  V.  Wm.  Skinner  Mfg.  Co 452,  453 

Wrisley  &  Co.,  In  re 261,  406,  407 

Wulbern  v.  Drake 28 

Wunder,  In  re 158,  544 

Wylie,  et  al,  In  re 333 

Wyoming  Valley  Ice  Co.,  In  re 226 


Y 

Yates,  In  re 76 

Yoder,  In  re 28 

York  Mfg.  Co.  v.  Brewster 414 

York  Mfg.  Co.  v.  Cassell 413 

Yost,  In  re 161 

Young,  In  re 117,  192,  356 

Young,  In  re  J.  J.  ^ 552 

Young  V.  Young 363 

Youngstrom,  In  re 160,  503 


z 

Zier  &  Co.,  In  re 117.  437 

Zotti,   In  re 230 

Zugalla  V.  International  Merc.  Agency 32,  479 

Zumpfe  V.  Schultz 159 


TITLE  I. 

PETITION  AND  ADJUDICATION. 


Form  No.      1.  Debtor's  Petition  in  Bankruptcy. 

2.  Debtor's  Schedules,  Oath  and  Summary  Statement. 

3.  Partnership  Petition. 

4.  Partnersliip  Petition,  all  Partners  not  joining. 

5.  Involuntary  Petition  by  Three  Creditors. 

6.  Involuntary  Petition  by  One  Creditor  against  Partnership. 

7.  Subpoina  to  Alleged  Bankrupt. 

8.  Marshal's  Return  thereon. 

9.  Notice  of  Appearance  of  Bankrupt  or  Creditor. 

10.  Notice  of  Appearance  by  Intervening  Creditor. 

11.  Petition  to  Intervene. 

12.  Order  allowing  Intervention. 

13.  Admission  of  Inability   to   pay   Debts  and   Willingness  to  be  adjudged 

Bankrupt. 

14.  Demurrer  to  Petition. 

15.  Notice  of  Argument  of  Demurrer. 

16.  Answer  of  Alleged  Bankrupt  denying  Insolvency. 

17.  Answer  alleging  more  than  twelve  Creditors  and  List  of  Creditors. 

18.  Answer  of  Bankrupt  upon  other  Grounds. 

19.  Answer  of  Creditors  to  Involuntary  Petition. 

20.  Demand  for  a  Jury  Trial. 

21.  Order  for  Jury  Trial. 

22.  Notice  of  Trial. 

28.  Special  Warrant  to  Marshal  and  Return  thereon. 

24.  Bond  to  Marshal  for  Release  of  Property. 

25.  Bond  of  Petitioning  Creditors  upon  Seizure  by  Marshal. 

26.  Petition  that  Bond  of  Petitioning  Creditors  be  increased. 

27.  Order  denying  Petition  to  increase  Bond. 

28.  Order  extending  Time  to  Answer. 

29.  Consent  to  withdraw  Answer  and  for  Adjudication. 

30.  Order  for  Adjudication  and  Reference. 

31.  Order  denying  Adjudication. 

32.  Order   dismissing    Petition,    vacating  appointment  of  Receiver  etc.  and 

Notice  of  Settlement. 

33.  Order  referring  Issues  to  Special  Master. 

34.  Notice  of  Hearing  before  Special  Master. 

35.  Order  upon  Report  of  Special  Master  dismissing  Petition,  etc. 

36.  Order  directing  Bankrupt  to  file  Schedules. 

37.  Oath  to  liist  of  Creditors  prepared  by  Petitioning  Creditors. 

38.  Order  dismissing  Involuntary  Proceeding  by  Consent. 

39.  Petition  to  vacate  Adjudication. 

40.  Notice  of  Motion  thereon. 

41.  Petition  for  Service  by  Publication, 

42.  Order  of  Publication. 

43.  Petition  to  amend  Petition. 

44.  Order  Pemanding  Proceeding. 

1 


S  FORMS  IN  BANKRUPTCY. 

FORM  No.  1— {Official). 

DEBTOR'S   VOLUNTARY  PETITION. 

To  the  Honorable 

Judge  of  the  District  Court  of  the  United  States 

for  the District  of ': 

The  petition  of of in  the  county  of , 

and District and  State  of respect- 
fully  represents :    

That  he  has 

I... , 

for  the  greater  portion  of  six  months  next  immediately preceding 

the  filing  of  this  petition  at 

within  said  judicial  district ;  that  he  owes  debts 

which  he  is  unable  to  pay  in  full ;  that  he  is  willing  to  surrender  all  his  prop- 
erty for  the  benefit  of  his  creditors,  except  such  as  is  exempt  by  law,  and  desires 
to  obtain  the  benefit  of  the  Acts  of  Congress  relating  to  Bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by  your  peti- 
tioner's oath,  contains  a  full  and  true  statement  of  all  his  debts ;  and  (so  far 
as  it  is  possible  to  ascertain)  the  names  and  places  of  residence  of  his  creditors, 
and  such  further  statements  concerning  said  debts  as  are  required  by  the  pro- 
visions of  said  acts : 

That  the  schedule  hereto  annexed  marked  B,  and  verified  by  your  peti- 
tioner's oath,  contains  an  accurate  inventory  of  all  his  property,  both  real  and 
personal,  and  such  further  statements  concerning  said  property  as  are  re- 
quired by  the  provisions  of  said  acts : 

Wherefore  your  petitioner  prays,  that  he  may  be  adjudged  by  the  court 

to  be  a  bankrupt,  within  the  purview  of  said  acts. 

,  Petitioner. 

Attorney. 

United  States  of  America,  District  of ss : 

I, ,  the  petitioning  debtor  mentioned  and  described 

in  the  foregoing  petition,  do  hereby  make  solemn  oath  that  the  statements  con- 
tained therein  are  true,  according  to  the  best  of  my  knowledge,  information 

and  belief. 

,  Petitioner. 

Subscribed,  and  sworn  to  before  me,  this day  of  , 

A.  D.  19.. 


FORMS  IN  BANKRUPTCY. 


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AMOUNT. 

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Nature  and  considera- 
tion of  the  debt,  and 
whether  contracted  as 
partner  or  joint-con 
tractor,  and  if  so,  with 
whom. 

Total, 
Petitioner, 

WHEN  AND 

WHERE 

CONTRACTED. 

RESIDENCE. 

(If  unknown  that  fact 

must  be  stated.) 

Reference  to 

Ledger 
or  Voucher. 

> 

»— I 

(1) 

Taxes    and  debts  due    and 
owing  to  the  United  States. 

(2) 

Taxes  due  and  owing  to  the 
State  of 

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(3) 

Wages  due  workmen,  clerks 
or  servants  to  an  amount  not 
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witliin  three  months  before 
filing  the  petition. 

(4) 

Other  debts  having  priority 
by  law. 

FORMS  IN  BANKRUriCY, 


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Amount 
of  Debts. 
$          c 

Value  of 

Securities. 

$          c 

WHEN  AND  WHERE 

DEBTS  WERE 

CONTRACTED. 

Total, 

Pctilioner. 

DESCRIPTION 

OF 
SECURITIES. 

RESIDENCE. 

(If  unknown,  that  fact  must 
be  stated.) 

K 
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Reference  to 

Ledger 
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Nature  of  Liability,  whether 
same  was  contracted  as  part- 
ner  or   joint-contractor,   or 
with  any  other  person ;  and, 
if  so,  with  whom. 

Total, 

Petitioner, 

KESIDENCE. 

(If  unknown  that  fact  must  be 

stated. ) 

«^ 

1-5  o 

'~'   en 

OS 

<^ 

'A 

Reference  to 

Ledger 
or  Voucher. 

FORMS  IN  BANKRUPTCY. 


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Whether  liability  was  con- 
tracted as  partner  or  joint- 
contractor,    or    with    any 
otlier    person ;     and  if  so, 
witii  whom. 

Total, 
Petitioner, 

is 

Names   and  Re.si 
dence  of  persons 
accommodated. 

RESIDENCES. 

(If   unknown,    that  fact 

must  be  stated.) 

a: 

K 
W 

o 
o 

o 

Reference  to 

Ledger 
or  Voucher. 

FORMS  IN  BANKRUPTCY. 


OATH  TO  SCHEDULE  A. 


UNITED  STATES  OF  AMERICA,^ 
District  of 


ss. 


On  this- 


_day  of. 


.A.  D.  19 


before  me  personally  came 

the  person  mentioned  in  and  who  subscribed  to  the  foregoing  Schedule,  and 
who,  being  by  me  first  duly  sworn,  did  declare  the  said  Schedule  to  be  a 
statement  of  all  his  debts,  in  accordance  with  the  Acts  of  Congress  relating 
to  bankruptcy. 


Subscribed  and  sworn  to  before  me  this, 
day  of ,  A.  D.,  19 


FORMS  IX  BANKRUPTCY. 


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OATH  TO  SCHEDULE  B. 


UNITED  STATES  OF  AMERICA,") 


DISTRICT  OF 


>-ss. 


On  this. 


day  of_ 


.A.  D.  19 


before  me  personally  came 

the  person  mentioned  in  and  who  subscribed  to  the  foregoing  Schedule,  and 
who,  being  by  me  first  duly  sworn,  did  declare  the  said  Schedule  to  be  a 
statement  of  all  his  estate,  both  real  and  personal,  in  accordance  with  the 
acts  of  Congress  relating  to  bankruptcy. 


Subscribed  and  sworn  to  before  me  this, 
day  of ,  A.  D.,  19 


18 


FORMS  IN  BANKRUPTCY. 
SUMMARY  OF  DEBTS  AND   ASSETS. 

[PVom  the  Statements  oftJie  Bankrupt,  in  Schedules  A  and  B.] 


^ 


Schedule  A. 

1    (1) 
1     (2) 

1     (3) 
1     (4) 

Taxes  and  Debts  Due  United  States. 

Taxes  due   States,    Counties,  Districts 
and  Municipalities. 

Wages. 

Other  debts  preferred  by  law. 

Schedule  A. 

2 

Secured  Claims. 

Schedule  A. 

3 

Unsecured  Claims. 

Schedule  A. 

4 

Notes  and  Bills  which  ought  to  be  paid 
by  other  parties  thereto. 

Schedule  A. 

5 

1 

Accommodation  paper. 

Schedule  A.    Total,    .... 
Real  Estate. 

Schedule  B. 

Schedule  B. 
<<        <( 

2— a. 
2— b. 
2— c. 
2— d. 
2— e. 
2-f. 

Cash  on  hand. 

Bills,  promissory  notes,  and  securities. 

Stock  in  trade. 

Household  goods,  &c. 

Books,  prints  and  pictures. 

Horses,  cows  and  other  animals. 

<(        It 

2-g. 

Carriages  and  other  vehicles. 

2— h. 
2— i. 
a— k. 

Farming  stock  and  implements. 
Shipping  and  shares  in  vessels. 
Machinery,  tools,  &c. 

" 

2—1. 

Patents,  copyrights  and  trade-marks. 

((        <i 

2— m. 

Other  personal  property. 

Schedule  B. 
<■        11 

3— a. 
3— b. 
3— c. 
3-d. 
3— e. 

Debts  due  on  open  accounts. 

Stocks,  negotiable  bonds,  &c. 

Policies  of  insurance. 

Unliquidated  claims. 

Deposits  of  money  in  banks  and  elsewhere. 

Schedule  B. 

4 

Property  in  reversion,  remainder,  trust,  &c. 

Schedule  B. 

5 

Property  claimed  to  be  exempted. 

Schedule  B. 

6 

Books,  deeds  and  papers. 

Schedule  B.    Total,    .... 

FORMS  IN  BANKRUPTCY.  19 

NOTES. 

References— Sees.  1,  (2),  (9),  (20),  2,  (1),  4,  18,  59.  See  Bankruptcy  Act, 
Amendments  of  1910,  Sec.  4-a.  Petition  and  schedules  in  voluntary  proceedings 
should  be  drawn  and  verified  in  triplicate  and  tiled  always  with  the  clerk. 

See  General  Orders,   II.,  V..  VI.,  VII. 

In  re  Sykes,  6  Ara.  B.   K.  264:  106  Fed.  669. 

In  re  Wolf,  2  Am.  B.  R.  322;  94  Fed.  110. 

Must  be  accompanied  by  fees  or  affidavit  in  forma  pauperis. 

Filing  of  a  voluntary  petition  not  an  act  of  bankruptcy,  merely  institutes  a  proceed- 
ing in  which  the  Court  acquires  jurisdiction  to  adjudicate,  if  the  facts  warrant. 

In  re  Ceballos  &  Co.,  20  Am.  B.  R.  459;  161  Fed.  445. 

Jurisdiction  attaches  at  once  upon  the  filing  of  the  petition.  A  caveat  to  all  the  world. 
In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 

Adjudication  will  be  granted  where  voluntary  petition  sets  forth  the  jurisdictional 
requirements.     In  re  Carbone,  13  Am.  B.  R.  55. 

A  voluntary  petition  which  schedules  no  dischargeable  debt  may  be  dismissed. 

In  re  Colaluca,  13  Am.  B.  R.  292;  133  Fed.  255. 

Who  may  file  voluntary  petition.  By  Amendments  of  1910,  any  person 
except  a  municipal,  railroad,  insurance  or  banking  corporation. 

Debtor  owing  but  one  provable  debt,  and  with  no  assets  may  file. 
In  re  Schwaniuger,  16  Am.  B.  R.  427;  144  Fed.  555. 

Any  person.  Cleage  v.  Laidley  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  598,  149  Fed.  346; 
79  C.  C.  A.  284. 

Infant.— Jure  Duguid,  3  Am.  B.  R.  794;  100  Fed.  274.  In  re  Eldemiller,  5  Am.  B. 
R.  570;  105  Fed.  595,  In  re  Walrath,  175  Fed.  243. 

As  to  infant  partner.— In  re  Dunnigan  Bros.,  2  Am.  B.  R.  628;  95  Fed.  428. 
In  re  Duguid  (supra) . 

Lunatic— In  re  Stein  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  536;  127  Fed.  547;  63  C.  C. 
A.  272. 

In  re  Eisenberg,  8  Am.  B.  R.  551 ;  117  Fed.  786. 

In  re  Funk,  4  Am.  B.  R.  96;  101  Fed.  244. 

Subsequent  insanity  does  not  abate  the  proceeding. 

In  re  Kehler  (C.  C.  A.  2d.  Cir.)  19  Am.  B.  R.  513;  159 Fed.  55;  86  C.  C.  A.  245,  rev'g 
18  Am.  B.  R.  596;  153  Fed.  235. 

Married  Woman.— McDonahl  v.  Tefft  WellerCo.  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R. 
800;  128  Fed.  381;  63  C.  C.  A.  123. 

Alien.— In  re  Clisdell,  2  Am.  B.  R.  424;  101  Fed.  246. 

Indian— In  re  Rennie,  2  Am.  B.  R.  182. 
In  re  Russie,  3  Am.  B.  R.  6;  96  Fed.  608. 

Piling  voluntary  petition  -while  involuntary  petition  is  pending. 

In  re  Stegar,  7  Am.  B.  R.  605;  113  Fed.  978. 

(Contra)  In  re  Dwyer,  7  Am.  B.  R.  532;  112  Fed.  777. 

See  In  re  Waxelbaum,  3  Ara.  B.  R.  392;  98  Fed.  589.  As  to  right  of  individual 
partner  to  file  petition  though  firm  has  been  refused  a  discharge  in  previous  proceedings. 
See,  In  re  Feigenbaum,  7  Am.  B.  R.  339;  151  Fed.  508. 

Where  there  is  no  estate,  no  claims  proved  and  no  trustee  appointed  bankrupt  may 
withdraw  voluntary   petition. 

In  re  Hebbart,  5  Am.  B.  R.  8;  104  Fed.  322. 


20  FORMS  IN  BANKRUPTCY. 

Answer  cannot  be  interposed  to  voluntary  petition. 

In  re  Jehu,  2  Am.  B.  R.  498;  94  Fed.  638. 

No  legal  obligation  on  an  insolvent  debtor  to  file  a  voluntary  petition  in  bankruptcy. 

Richmond  Standard  Steel  Spike  and  Iron  Co.  v.  Allen  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R. 
583;  148  Fed.  657;  78  C.  C.  A.  389. 

Adjudication  not  conclusive  on  creditors,  although  not  appealed  from  and  creditors 
may  by  petition  ask  a  dismissal  of  the  proceedings  upon  facts  appearing  on  the  bankrupt's 
examination  and  showing  that  the  court  is  without  jurisdiction. 

In  re  Gameau  (C.  C.  A.  7th  Cir.),  11  Am.  B   R.  679;  127  Fed.  677;  62  C.  C.  A.  403. 

Six  months  period. — In  re  Ray,  2  Am.  B.  R.  158. 

In  re  Plotke  (C.  C.  A.  7th  Cir.),  5  Am.  B.  R.  171 ;  104  Fed.  964;  44  C.  C.  A.  282. 

In  re  Harris,  11  Am.  B.  R.  649. 

In  re  Tully,  19  Am.  B.  R.  604;  156  Fed.  634. 

Removal  from  one  district  to  another  to  acquire  residence  must  be  bona  fide. 

In  re  Garneau  (supra). 

Where  petition  should  be  filed.— See  Sec.  2  (1). 

Domicile  determined  by  intent  and  fact.  In  re  Williams,  3  Am.  B.  R.  677 ;  99  Fed. 
544.     In  re  Berner.  3  Am.  B.  R.  325.     In  re  Grimes,  2  Am.  B.  R.  160;  94  Fed.  800. 

Principal  place  of  business.— In  re  Brice,  2  Am.  B.  R.  197;  93  Fed.  942. 

Residence.— In  re  Garneau  (C.  C.  A.  7th  Cir.)  11  Am.  B.  R.  679;  127  Fed.  677;  62 
C.  C.  A.  403. 

In  re  Kingsley,  20  Am.  B.  R.  427;  160  Fed.  275. 

Schedules. — OflScial  forms  must  be  used. 

Mahoney  et  al.  v.  Ward,  3  Am.  B.  R.  770;  100  Fed.  278.  In  re  McClintock,  13  Am. 
B.  R.  606. 

Failure  to  precisely  observe  form  not  necessarily  fatal. 

Burke  v.  Guarantee  Title  and  Trust  Co.  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  31;  134 
Fed.  562;  67  C.  C.  A.  486. 

In  re  Soper  and  Slada,  1  Am.  B.  R.  193. 

As  a  representation  that  the  property  set  forth  is  all  the  property  known  to  bankrupt. 
Johnson  v.  U.  S.  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  724;  163  Fed.  30;  89  C.  C.  A.  509. 

Ditto  marks  should  not  be  used. 

In  re  Mackey,  1  Am.  B.  R.  593. 

Of  vital  importance  that  names  and  addresses  should  be  written  with  care. 

Liesum  v.  Krauss,  71  N.  Y.  Supp.  1022,  35  N.  Y.  Misc.  376.  Westheimer  v.  Howard 
(N.  Y.  Sup.  Ct.),  14  Am.  B.  R.  547;  47  N.  Y.  Misc.  145;  93  N.  Y.  Supp.  518. 

Abbreviations  should  be  avoided. 

Sutherland  v.  Lasher  (N.  Y.  Sup.  Ct.),  11  Am.  B.  R.  780;  41  Misc.  (N.  Y.)  249. 

All  creditors  should  be  scheduled  even  if  debt  is  barred  by  Statute  of  Limitations,  but 
scheduling  the  latter  not  a  revival  of  the  debt. 

In  re  Lipman,  2  Am.  B.  R.  46;  94  Fed.  353. 

In  re  Rcsler.  2  Am.  B.  R.  602;  95  Fed.  304. 

When  claim  has  been  reduced  to  judgment,  record  holder  should  be  scheduled, 
whoever  may  be  actual  holder. 

Sellers  v.  Bell  (C.  C.  A.  5th  Cir.),  2  Am.  B.  R.  529;  94  Fed.  80;  36  C.  C.  A.  502. 

"When  debt  not  properly  scheduled.— Weidenfeld  v.  Tillinghast  (City  C.  N.  Y.), 
18  Am.  B.  R.  .531;  54  N.  Y.  Misc.  90;  104  N.  Y.  Supp.  712, 


FORMS  IN  BANKRUPTCY.  21 

Columbia  Bank  v.  Birkett  (U.  S.  Sup.  Ct.),  12  Am.  B.  R.  691;  195  U.  S.  345;aflE'g 
a  c.  (Ct.  App.  K  Y.).  9  Am.  B.  R.  481 :  174  N.  Y.  113;  afl'g  65  App.  Div.  615. 

Schedule  of  articles  claimed  as  exempt  not  mandatory. 

Burke  v.  Guarantee  Title  and  Trust  Co.  (C.  C.  A.  3rd  Cir.)  (supra). 

Lipman  v.  Stein  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  30;  134  Fed.  235;  67  C.  C.  A.  17. 

In  re  McClintoch  (supra). 

Scheduling  notes,  "original  payee." 

Broadway  Trust  Co.  v.  Mannheim  (N.  Y.  Sup.  Ct.).  14  Am.  B.  R.  122;  47  N.  Y. 
Misc.  415. 

"  Original  mortgagee,"  Mueller  v.  Goerlitz  (K  Y.  Sup.  Ct.).  17  Am.  B.  R.  687. 

Verification  of  schedules. — May  be  verified  before  State  or  Federal  officers. 
Oaths  and  each  separate  page  of  schedules  should  be  signed  by  the  bankrupt. 
See,  In  re  McConnell,  11  Am.  B.  R.  418. 

Admissibility  of  schedules. — Not  admissible  against  bankrupt  in  criminal  pro- 
ceedings. 

Johnson  v.  U.  S.  (C.  C.  A.  Ist  Cir.),  20  Am.  B.  R.  724;  163  Fed.  30;  89  C.  C.  A.  509. 

When  competent  on  question  of  insolvency  and  preferential  transfer. 

In  re  Mandel  (C.  C.  A.  2nd  Cir.),  135  Fed.  1021;  68  C.  C.  A.  546;  aff'g  10  Am.  B.  R. 
774;  127  Fed.  863. 

False  oath  as  to  schedule. — A  bankrupt  not  guilty  of  making  a  false  oath  because 
he  omits  from  schedules  securities  which  are  worthless. 

In  re  McCrea  (C.  C.  A.  2QdCir.),  20  Am.  B.  R.  412;  161  Fed.  246;  88  C.  C.  A.  282. 


22  FORMS  IN  BANKRUPTCY. 

FORM  No.  3. 

PARTNERSHIP   PETITION. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 
for  the District  of 


The   petition   of. 


respectfully  represents : 

That  your  petitioners  and , 

,  have  been  partners  under  the  firm  name  of having 

their  principal  place  of  business  at  No in  the 

of   in  the  County  of 

and District and  State  of , 

for  the  greater  portion  of  the  six  months  next  immediately  preceding  the 
filing  of  this  petition ;  that  the  said  partners  owe  debts  which  they  are  unable 
to  pay  in  full ;  that  your  petitioners  are  willing  to  surrender  all  their  property 
for  the  benefit  of  their  creditors,  except  such  as  is  exempt  by  law,  and  desire 
to  obtain  the  benefit  of  the  Acts  of  Congress  relating  to  bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by 

oath   contains  a  full  and  true  statement  of  all  the  debts,  of 

said  partners,  and,  as  far  as  possible,  the  names  and  places  of  residence,  of  their 
creditors,  and  such  further  statements  concerning  said  debts  as  are  required 
by  the  provisions  of  said  Acts. 

That  the  schedule  hereto  annexed,  marked  B,  verified  by  

oath contains  an  accurate  inventory  of  all  the  property, 

real  and  personal,  of  said  partners,  and  such  further  statements  concerning 
said  property,  as  are  required  by  the  provisions  of  said  Acts. 

And  said   further  states  that  the  schedule  hereto 

annexed,  marked  C,  verified  by  his  oath,  contains  a  full  and  true  statement 
of  all  his  individual  debts,  and,  as  far  as  possible  the  names  and  places  of 
residence  of  his  creditors,  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  Acts;  and  that  the  schedule  hereto 
annexed,  marked  D,  verified  by  his  oath,  contains  an  accurate  inventory  of 
all  his  individual  property,  real  and  personal,  and  such  further  statements 
concerning  said  property  as  are  required  by  the  provisions  of  said  Acts. 

And  said   further  states  that  the  schedule  hereto 

annexed,  marked  E.,  verified  by  his  oath,  contains  a  full  and  true  statement 
of  all  his  individual  debts,  and  as  far  as  possible,  the  names  and  places  of 
residence  of  his  creditors  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  Acts;  and  that  the  schedule  hereto 
annexed,  marked  F,  verified  by  his  oath,  contains  an  accurate  inventory  of 
all  his  individual  property,  real  and  personal,  and  such  further  statements 
concerning  said  property  as  are  required  by  the  provisions  of  said  Acts. 


FORMS  IN  BANKRUPTCY. 


23 


Wherefore  your  petitioners  pray  that  the  said  firm  and  each  of  them  as 
individuals  may  be  adjudged  by  a  decree  of  the  court  to  be  bankrupts  within 
the  purview  of  said  Acts. 


Petitioners 


Attorney. 
United  States  of  America, District  of 


,ss. 


,  The  petitioning  debtors  mentioned  and  described  in  the 

foregoing  petition,  do  hereby  make  solemn  oath  that  the  statements  contained 
therein  are  true  according  to  the  best  of  their  knowledge,  information  and 
belief. 


Petitioners 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.,  19.... 


(Official  Character.) 


NOTES. 


Act,  Sees  1,  (19),  4,  5.     General  Orders,  VIII.,  VI. 

Co-partnership  petition. — Official  form  No.  2  not  to  be  relied  upon. 

Prayer  should  ask  for  an  adjudication  of  the  individuals  as  well  as  of  the  firm. 

In  re  Wing  Tick  Co.,  13  Am.  B.  R.  757. 

In  re  Stokes,  6  Am.  B.  R.  262;  106  Fed.  312. 

In  re  Sanderlin,  6  Am.  B.  R.  384;  100  Fed.  P.57. 

Schedules  should  be  complete  both  for  the  firm  and  for  each  partner. 

lu  re  Gay,  3  Am.  B.  R.  529;  98  Fed.  870. 

In  re  Langslow,  1  Am.  B.  R.  258;  98  Fed.  869;  1  N.  B.  N.  2.32. 

Individual  assets  may  be  administered  by  the  court  so  far  as  may  be  necessary  to 
settle  partnership  affairs  although  such  members  are  not  individually  declared  bankrupt. 

Dickas  v.  Barnes  (C.  C.  A.  6th  Cir.)   15  Am.  B.  R.  5GG;  140  Fed.  849;  72  C.  C.  A.261. 

If  a  partner  is  without  the  jurisdiction  or  refuses  to  join,  the  fact  should  be  stated. 
If  the  former,  he  should  be  brought  in  by  publication,  as  if  the  petition  was  against  him. 


24  FORMS  IN  BANKRUPTCY. 

FORM  No.  4. 

VOLUNTARY  PETITION  OF  PARTNERSHIP,  AEL  PARTNERS  NOT 

JOINING. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of ,  and ,  of  the 

of ,  in  the  County  of ,  in  said  district,  by  occupation 

respectively and ,  respectfully  shows : 

That  your  petitioners  and are  and  have  been  part- 
ners under  the  style  of ,  which  partnership  has  had 

its  principal  place  of  business  at  the of ,  in  the  County 

of ,  in  said  district,  for  the  greater  portion  of  the  six  months 

immediately  preceding  the  filing  of  this  petition;  and  that  said  partnership 
is  insolvent  and  owes  debts  in  excess  of  one  thousand  dollars  ($1,000). 

That  your  petitioners  as  individuals  each  owes  debts  which  he  is  unable  to 
pay  in  full. 

That  such  partnership  and  your  petitioners  are  willing  to  surrender  its 
and  their  property  for  the  benefit  of  its  and  their  creditors,  respectively,  except 
such  as  is  exempt  by  law,  and  desire  to  obtain  the  benefits  of  the  bankruptcy 
law  of  1898,  as  amended. 

That  the  said ,  whose  place  of  residence  is  in  the 

of ,  in  the district  of ,  has  refused  and 

still  refuses  to  join  in  this  petition;  that  he  is  neither  a  wage-earner  nor  a 
person  engaged  chiefly  in  farming  or  the  tillage  of  the  soil,  and  as  an  individ- 
ual, owes  debts  which  he  is  unable  to  pay  in  full. 

That  such  partnership  has  been  dissolved,  but  there  has  as  yet  been  no 
final  settlement  thereof. 

That  the  schedule  hereto  annexed  marked  A,  and  verified  by  your  peti- 
tioners' oaths,  contains  a  full  and  true  statement  of  all  the  debts  of  said  part- 
nership, and  (so  far  as  it  is  possible  to  ascertain)  the  names  and  residences 
of  its  creditors,  and  such  further  statements  concerning  said  debts  as  are  re- 
quired by  said  law. 

That  the  schedule  hereto  annexed  marked  B,  and  verified  by  your  peti- 
tioners' oaths,  contains  an  accurate  inventory  of  all  of  the  property  of  said 
partnership,  both  real  and  personal,  and  such  further  statements  concerning 
said  property  as  are  required  by  said  law. 

That  the  schedule  hereto  annexed  marked  C,  and  verified  by  the  oath  of 

your  petitioner,   ,  contains  a  full  and  true  statement 

of  all  of  his  individual  debts,  and  (so  far  as  it  is  possible  to  ascertain)  the 
names  and  places  of  residence  of  his  individual  creditors,  and  such  further 
statements  concerning  said  debts  as  are  required  by  said  law. 

That  the  schedule  hereto  annexed  marked  D,  and  verified  by  the  oath  of 

your  petitioner,    ,  contains  an   accurate   inventory  of 

all  of  his  individual  property,  both  real  and  personal,  and  such  further  state- 
ments concerning  said  property  as  is  required  by  said  law. 


FORMS  IN  BANKRUPTCY.  25 

Wherefore,  your  petitioners  pray  that  such  partnership  and  your  petitioners 
as  individuals  may  be  adjudged  bankrupt  within  the  purview  of  such  bank- 
ruptcy  hiw  of   1898   as  amended,  and   that  service  of  this  petition   with   a 

subpoena  be  made  upon ,  such  non-consenting  partner, 

and  that  such  proceedings  be  had  as  are  provided  in  said  law  and  General 
Order  VIII.  of  the  Supreme  Court  and  as  the  Court  may  order. 


Petitioners. 

> 

Attorney  for  Petitioners, 
(Address.) 

(Verification.) 

(Attach  schedules  and  summary  statement  for  partnership,  and  individual 
schedules  and  summary  statement  for  each  petitioning  partner.) 


NOTES. 

See  General  Order  VIII. 

Proceeding  voluntary  as  to  petitioning  partner  and  involuntary  as  to  non-joining 
partner. 

Before  adjudication  can  be  had,  a  subpoena  must  issue  and  be  served  with  a  copy  of 
petition  on  the  latter  and  he  may  defend  in  same  way  as  if  an  involuntary  petition  were 
filed  against  him. 

In  re  Murray  (infra). 

In  re  Junck  and  Balthazard  (D.  C.  Wis.),  169  Fed.  481. 

If  non-assenting  partner  is  an  absentee  he  must  be  brought  in  by  publication. 

In  re  Murray,  3  Am.  B.  R.  601 ;  96  Fed.  600. 

In  re  Russell,  3  Am.  B.  R.  91 ;  97  Fed.  82. 

The  filing  of  a  petition  by  one  partner  against  co-partners  cannot  be  deemed  an  act  of 
bankruptcy  on  the  part  of  the  partnership. 

In  re  Ceballos  and  Co.  (D.  C.  N.  J.),  20  Am.  B.  R.  459;  161  Fed.  445. 

What  non-assenting   partner   may  plead  ;  may  set  up  defence  of  solvency. 

In  re  Forbes,  11  Am.  B.  R.  787;  128  Fed.  137. 

Under  Gen.  Order  VIII.  entitled  to  same  notice  as  if  petitioned  against. 

In  re  Altman,  2  Am.  B.  R.  407;  95  Fed.  263;  aff'g  1  Am.  B.  R.  689. 

In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 

In  re  Carleton,  8  Am.  B.  R.  270;  115  Fed.  246. 

In  re  Freund,  1  Am.  B.  R.  25. 

Whether  court  has  jurisdiction  to  adjudge  non-consenting  partner  a  bankrupt 
Individually. 

In  re  Meyer  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  559;  98  Fed.  976;  89  C.  C.  A.  368;  aff'g 
lAm.  B.  R.  565;  92  Fed.  896. 


26  FORMS  IN  BANKRUPTCY. 

FORM  No.  5. 

INVOLUNTARY   PETITION   BY   THREE   CREDITORS. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 


The  petition  of ,  of  the  City  of  ,  and 

of ,  of  the  City  of ,  and  of 

.,  of  the  City  of . . .,  respectfully  shows : 

First.     That  ,  has  for  the  greater  portion  of  the  six 

months  next  preceding  the  date  of  the  filing  of  this  petition,  resided,  (or  had 

his  principal  place  of  business)   (or  had  his  domicile)  in  the  City  of 

,  State  and  District  aforesaid,  and  owes  debts  to  the  amount  of  one 

thousand  dollars  and  upwards,  and  is  insolvent,  and  is  neither  a  wage-earner 
nor  a  person  engaged  principally  in  farming  or  the  tillage  of  the  soil,  but  is 
by  occupation  a 

(That  the  said is  a  corporation,  organized  and  exist- 
ing under  the  laws  of  the  State  of  ,  and  that  it  is  en- 
gaged principally  in  manufacturing,  trading  and  mercantile  pursuits. 

[See  Amendment  1910  necessitating  change  here.] 

Second.     That  your  petitioners  are  creditors  of  the  said , 

having  provable  claims  against  him  amounting  in  the  aggregate  in  excess 
of  securities  held  by  them  to  the  sum  of  five  hundred  dollars ;  that  none  of 
your  petitioners  is  entitled  to  priority  of  payment  of  his  said  claim  within 
the  meaning  of  Section  64  (b)  of  the  United  States  Bankruptcy  Act  and 
amendments  thereof,  nor  has  any  of  your  petitioners  received  a  preference 
within  the  meaning  of  Section  60  (a) -(b)  of  such  law  as  amended. 

Third.  That  the  nature  and  amount  of  your  petitioners'  claims  are  as 
follows : 

:  The  claim  of  petitioner  is  for : 

[Here  set  forth  fully  as  to  amount,  consideration,  etc.] 
no  part  of  which  has  been  paid  though  duly  demanded. 

:  The  claim  of  petitioner  is  for :    • 

of  which  no  part  thereof  has  been  paid  though  duly  demanded. 

:  The  claim  of  petitioner  is  for :   

of  which  no  part  thereof  has  been  paid  though  duly  demanded. 

And  your  petitioners  represent  that  the  said , 

while  insolvent,  and  within  four  months  next  preceding  the  date  of  this  peti- 
tion,    ,  committed  an  act  of  bankruptcy  in  that  he  did 

heretofore,  to  wit: 

[Here  set  forth  act  specifically,  giving  facts  bringing  under  Sec.   3-a.] 

Wherefore,  your  petitioners  pray  that  service  of  this  petition  with  a  subpoena 
may  be  made  upon  the  said   ,  as  provided  in  the  Acts  of 


FORMS  IN  BANKRUPTCY.  27 

Congress  relating  to  bankruptcy  and  that  he  may  be  adjudged  a  bankrupt 
with  in  the  purview  of  said  Acts. 

I^ated   ,  ,  19.  .. 


Petitioners. 


Attorney  for  Petitioners, 

Office  and  Post  Office  address, 
Street, 


State  of  

County  of |    ^^- 

, and , 

the  petitioning  creditors  mentioned  and  described  in  the  foregoing  petition, 
do  hereby  severally,  make  solemn  oath  that  the  statements  of  fact  contained 
in  the  foregoing  petition  are  true,  according  to  the  best  of  their  knowledge, 
information  and  belief. 


Subscribed  and  sworn  to  before  me,  this day  of , 

19... 

NOTES. 

Should  be  executed  and  filed  in  duplicate.  Official  form  (No.  3)  has  been 
held  demurrable. 

See,  Act  Sees.  2,  3,  4,  5  (if  against  a  partnership),  18,  59. 

Gen.  Orders  V.,  VI.,  VII. ,  IX.,  XI.  and  Equity  Rules  XX.,  XXV.,  XXVIII.  to 
XXX 

See  Rule  XXVIII   Southern  District  of  New  York. 

If  petitioners  are  corporatious,  show  where  incorporated;  if  a  partnership,  set  out 

firm  name  and  add  "a  co-partnership  composed  of and etc." 

If  the  adjudication  of  a  partnership  is  desired,  modify  prayer  for  relief  to  ask  adjudication 
of  both  the  partnership  and  the  individuals  composing  same. 

Power  to  adjudicate. — Residence  and  domicile. 

In  re  William-^,  9  Am.  B.  R.  736;  120  Fed.  34. 

In  re  Williams,  3  Am.  B.  R.  677;  99  Fed.  544. 

In  re  B<'rner.  3  Am.  li.  R.  325. 

In  re  Grimes,  2  Am.  B.  R.  160;  96  Fed.  529. 

In  re  Dinglehoef,  6  Am.  B.  R.  242;  109  Fed.  866. 

In  re  Filer,  5  Am.  B.  R.  332;  108  Fed.  209. 

In  re  Scott,  7  Am.  B.  R.  39;  111  Fed.  144. 

In  re  Clisdell,  2  Am.  B.  R.  424;  101  Fed.  246. 

In  re  Blair,  3  Am.  B.  R.  588;  99  Fed.  76. 


28  FORMS  IN  BANKRUPTCY. 

In  re  Garneau  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  677;  127  Fed.  677;  62  C.  C.  A.  403. 
In  re  Warelbaum,  3  Am.  B.  R.  267;  97  Fed.  562. 

In  re  Mathews  Consol.  Slate  Co.  (D.  C.  Mass.),  16  Am.  B.  R.  350;  144  Fed.  724;  aff'd 
(C.  C.  A.  1st  Cir.),  16  Am.  B.  R.  407;  144  Fed.  737;  75  C.  C.  A.  603. 

Principal  place  of  business.— In  re  Brice,  2  Am.  B  R.  197;  93  Fed.  942. 

Dresstl  v.  iSorth  tttale  Lumber  Co.,  5  Am.  B.  R.  744;  107  Fed.  255.  In  re  Magid- 
Hope  Silk  Mf'g  Co.,  6  Am.  B.  R.  610;  110  Fed.  352.  In  re  Elmira  Steel  Co.,  5  Am.  B.  R. 
484;  109  Fed.  456.  In  re  Marine  Machine,  etc.,  Co.,  1  Am  B.  R.  421;  91  Fed.  630.  In 
re  Plotke(C.  C.  A.  7th  Cir.)  5  Am.  B.  R.  171;  104  Fed.  964;  44  C.  C.  A.  282.  In  re 
Mackey,  6  Am.  B.  R.  577;  110  Fed.  355.  In  re  Duplex  Radiator  Co.,  15  Am.  B.  R.  324; 
142  Fed.  906.  Tiffany  v.  LaPlume  Condensed  Milk  Co.,  15  Am.  B.  R.  413;  141  Fed.  444. 
In  re  Mathews  Consolidated  Slate  Co.  (C.  C.  A.  1st  Cir.),  16  Am.  B.  R.  407;  144  Fed  737; 
75  C.  C.  A.  603;  aff'g  16  Am.  B.  R.  350;  144  Fed.  724.  In  re  Munger  Vehicle  Tire  Co. 
(C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  785.  159  Fed.  901;  87  C.  C.  A.  81. 

Six  months  period. — In  re  Ray,  2  Am.  B.  R.  158.  {Contra).  In  re  Stokes,  1  Am.  B. 
R.  35.     In  re  Plotke  {supra).     In  re  Harris,  11  Am.  B.  R.  649. 

"Who  may  be  adjudged  an  involuntary  bankrupt. — In  re  Yoder,  11  Am.  B.  R. 
445;  129  Fed.  894.  In  re  Pilger,  9  Am.  B.  R.  244;  118  Fed.  206.  In  re  Mackey,  6  Am.  B. 
R.  577;  110  Fed.  355.  In  re  Drake,  8  Am.  B.  R.  137;  114  Fed.  229.  In  re  Matson,  10 
Am  B.  R.  473;  123  Fed.  743.  Wulburn  v.  Drake  (C.  C.  A.  4th  Cir.).  9  Am.  B.  R.  695; 
120  Fed.  493;  56  C.  C  A.  64;  aflf'g  8  Am.  B.  R.  137;  114  Fed.  229.  In  re  Thompson,  4 
Am.  B.  R.  340;  102  Fed.  287.  Bank  of  Dearborn  v.  Matuey,  12  Am.  B.  R.  482;  132  Fed. 
75.  In  re  Brown,  13  Am.  B.  R.  140;  132  Fed.  706.  Coats  v.  Townsend,  11  Am.  B.  R. 
126;  126  Fed.  249.  In  re  Hoy,  14  Am.  B.  R.  048;  137  Fed.  175.  Rise  v.  Bordner,  15  Am. 
B.  R.  297;  140  Fed.  566. 

Married  woman  when  engaged  in  business  on  her  own  account  and  owes  business 
obligations. 

MucDonald  v.  Tefft-Weller  Co.  etal.,  11  Am.  B.  R.  800;  128  Fed.  381;  63  C.  C.  A. 
123.     Sec.  In  re  Remaley,  23  Am.  B.  R.  29. 

Farmer  who  conducts  dairy  may  not  be  adjudged. 

Gregg  V.  Mitchell  (C.  C.  A.  6th  Cir.),  21  Am.  B.  R.  659. 

Nor  though  farmer  makes  a  general  assignment. 

Oliver  v.  Armour  and  Co.  et  al.,  21  Am.  B.  R.  901. 

In  re  Johnson  (D.  C.  N.  Y.),  18  Am.  B.  R.  74;  149  Fed.  8. 

Petition  should  contain  allegation  that  persou  petitioned  against  is  in  neither  of  ex- 
empted classes.     Failure  to  do  so,  unless  raised,  deemed  waived. 

Green  River  Deposit  Bank  v.  Craig  Bros.,  6  Am.  B.  R.  381 ;  110  Fed.  137. 

In  re  Columbia  Real  Estate  Co..  4  Am.  B.  R.  411 ;  101  Fed.  965.  In  re  Taylor  (C.  C. 
A.  7th  Cir.)  4  Am.  B.  R.  515;  102  Fed.  728;  42  C.  C.  A.  1. 

Rise  v.  Bordner  {supra). 

Edelstein  v.  U.  S.  (C   C.  A.  8th  Cir.)   17  Am.  B.  R.  649;  149  Fed.  636;  79  C.  C.  A.  328. 

Who  may  be  adjudged  an  involuntary  bankrupt. 

A  person  giving  music  lessons  at  so  much  per  hour  not  a  wage  earner  within  meaning 
of  the  act. 

1st  Nat.  Bank  of  Wilkesbarre  v.  Barnum,  20  Am.  B.  R.  439;  160  Fed.  245. 

Partnership  as  a  private  banker. 

Burkhart  v.  German  American  Bank,  14  Am.  B.  R.  222 ;  137  Fed.  958. 

Unincorporated  companies. — A  fire  Lloyds  association. 

In  re  Seaboard  Fire  Lndc  rwriters,  13  Am.  B.  R.  722;  137  Fed.  987. 

A  joint  stock  association. 

In  re  Hercides  Atkin  Co.  Ltd..  13  Am.  B.  R.  369;   133  Fed.  813. 

An  ordin  try  huildiug  anl  loan  association,  not  amei.able  lo  Act. 


FORMS   IN   BANKRUPTCY.  29 

In  the  matter  of  New  York  Building  Loan  Banking  Co.  (D.  C.  N.  Y.)  11  Am.  B.  R. 
61.  127  Fed.  471. 

An  incorporated  club  for  social  intercourse,  not  amenable  to  Act. 
In  re  Fulton  Club,  7  Am.  B.  R  670;  113  Fed.  997. 

"Engaged  principally  in." — Charter  not  usually  controlling. 

In  re  Chicago  Jopliu  Lead  and  Zinc  Co.,  4  Am.  B.  11.  71*2;  104  Fed.  67.  In  re  Quimby, 
10  Am.  B.  R.  424;  121  Fed.  139. 

White  Mountain  Paper  Co.  v.  Morse  and  Co.  (C.  C.  A.  1st  Cir.;,  11  Am.  B.  R.  633; 
127  Fed.  643;  62  C.  C.  A.  369;  aff'g  11  Am.  B.  R.  491;  127  Fed.  189. 

Depends  on  the  business  it  actually  transacts. 

In  re  Kingston  Realty  Co.  (C.  C.  A.  2n(l  Cir.).  19  Am.  B.  R.  845;  160  Fed.  445;  87  C. 
C.  A.  406;  rev'g  19  Am.  B.  R.  465.  In  re  Concord  Motor  Car  Co.  (C.  C.  A.  l.st  Cir.),  23 
Am.  B.  R.  73.  In  re  N.  Y.  and  Westchester  Water  Co.,  3  Am.  B.  R.  508;  98  Fed.  711. 
In  re  Tontine  Surety  Co.,  8  Am.  B.  R.  421 ;  116  Fed.  401.  In  re  Columbia  Iron  Works  v. 
Kat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  li  Am.  B.  R.  340;  127  Fed.  99;  62  C.  C.  A.  99.  In  re 
Excelsior  Cafe  Co.,  23  Am.  B.  R.  701;  175  Fed.  294. 

Manufacturing. — Brewing  Co.  held  subject  to  bankruptcy  under  this  provision. 

In  re  Bloomsburg  Brewing  Co.  (D.  C.  Fa.),  172  Fed.  174. 

Engaged  in  business  of  building  houses. 

In  re  Rutland  Realty  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  546;  157  Fed.  296. 

Corporation  making  and  constructing  arches,  walls,  abutments,  bridges,  buildings,  etc., 
out  of  concrete  is  a  corporation  engaged  principally  in  manufacturing. 

Friday  v.  Hall  and  Kaul  Co.  (U.  S.  Sup.  Feb.  1910),  23  Am.  B.  R.  610;  30  Sup.  Ct. 
R.  261 ;  rev'g  19  Am.  B.  R.  841. 

See,  In  re  1st  Nat.  Bank  of  Belle  Fourche  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  265;  152 
Fed.  64;  81  C.  C.  A.  260. 

Columbia  Iron  Works  v.  Nat.  Lead  Co.  (supra.). 

See,  In  re  Concord  Motor  Car  Co.  (supra). 

Corporation  whose  business  is  to  generate  electricity  and  transmit  it  is  not  engaged  in 
manufacturing  or  mercantile  pursuits. 

In  re  Hudson  River  Electric  Power  Co.,  23  Am.  B.  R.  191 ;  173  Fed.  934. 

"  Trading  "  or  "  Mercantile  Pursuits." 

Corporation  engagetl  in  conducting  hotels  and  incidentally  maintaining  two  country 
stores  not  engaged  principally  in  trading  or  mercantile  pursuits  so  as  to  be  liable  to  in- 
voluntary adjudication. 

Toxaway  Hotel  Co.  v.  Smathers  and  Co.  (U.  S.  Sup.  Feb.  1910),  23  Am.  B.  R.  626; 
30  Supp.  Ct.  R.  203. 

Corporation  conducting  a  general  lire  insurance  agency  not  subject  to  adjudication. 

In  re  Moore  v.  Muir  Co.,  23  Am.  B.  R.  122. 

Nor  a  cold  storage  warehouse  corporation. 

In  re  Philadelphia  Freezing  Co.,  23  Am.  B.  R.  508;  174  Fed.  702. 

Nor  corporation  conducting  a  restaurant. 

In  re  Excelsior  Cafe  Co.,  23  Am.  B.  R.  701 ;  175  Fed.  294. 

In  re  Wentworth  Lunch  Co.,  20  Am.  B.  R.  29;  159  Fed.  413;  86  C.  C.  A.  393;  aff'd 
U.  S.  Supp.). 

Nor  corporation  conducting  a  boarding  stable. 

In  re  Willis  Cab  and  Automobile  Co.  (D.  C.  N.  Y.),  23  Am.  B.  R.  593. 

Nor  corporation  actually  engaged  in  business  of  producing  a  theatrical  play. 

In  re  J.  J.  Reisler  Amusement  Co.  (D.  C.  N.  Y.),  171  Fed.  283. 

As  to  Brewing  Co.,  see  In  re  Bloomsburg  Brewing  Co.,  172  Fed.  174. 

[All  of  the  above  decisions  and  distinctions  as  to  corporations  are  now- 
abrogated  by  Sec.  4-b  of  the  amendments  of  1910,  but  are  retained  as  appli- 
cable to  proceedings  pending  June  25,  1910.] 


30  FORMS  IN  BANKRUPTCY. 

Allegation  that  the  corporation  comes  within  one  of  above  classes  should  be  specifl 
cally  alleged  or  petition  is  demurrable. 

In  re  Taylor  (C.  C.  A.  7th  Cir.),  4  Am.  B.  R.  515;  102  Fed.  728;  42  C.  C.  A.  1. 

In  re  Callison,  12  Am.  B.  R.  344;  130  Fed.  987  aff'd  sub  nom.  Brake  v.  Callison,  11 
Am.  B.  R.  797;  129  Fed.  201;  63  C.  C.  A.  359.  Beach  v.  Macon  Grocery  Co.  (C.  C.  A. 
5th  Cir.),  9  Am.  B.  R.  762;  120  Fed.  736;  57  C.  C.  A.  150.  In  re  Mero,  12  Am.  B.  R.  171; 
128  Fed.  630. 

In  re  Broadway  Savings  Trust  Co.  (C.  C.  A,  8th  Cir.),  18  Am.  B.  R.  254;  152  Fed. 
152;  81  C.  C.  A.  58. 

Burden  of  proof  on  petitioners. 

In  re  Columbia  Real  Est.  Co.,  4  Am.  B.  R.  411;  101  Fed.  965. 

Who  may  be  a  petitioning  creditor. 

In  re  Ryan,  7  Am.  B.  R.  562;  114  Fed.  373. 

In  re  Brown.  7  Am.  B.  R.  102;  111  Fed.  979. 

Must  have  been  a  creditor  at  the  time  of  the  commission  of  alleged  act  of  bankruptcy. 

In  re  Callison,  12  Am.  B.  R.  344;  130  Fed.  987;  aff'd  sub.  nom.  Brake  v.  Callison 
{8upra).  In  re  Brinkmann,  4  Am.  B.  R.  551 ;  103  Fed.  65.  Beers  v.  Hanlin,  3  Am.  B.  R. 
745;  99  Fed.  695. 

Provable  claims.  Wife  of  alleged  bankrupt.  In  re  Novak,  4  Am.  B.  R.  311;  101 
Fed.  800. 

Only  one  creditor.     In  re  Penzansky,  8  Am.  B.  R.  79. 

Stockholders.     In  re  Rollins,  etc.  Co.,  2  N.  B.  N.  Rep.  988. 

Unliquidated  claim,  authorities  divided. 

Pro.     If  provable. 

In  re  F.  L.  Grant  Shoe  Co.  (C.  C.  A.  2nd  Cir.),  12  Am.  B.  R.  349;  130  Fed.  881;  66  C. 
C.  A.  78;  aff'g  11  Am.  B.  R.  48;  125  Fed.  576. 

Contra.  In  re  Big  Meadows  Gas  Co.  (D.  C.  Pa.),  7  Am.  B.  R.  697;  113  Fed.  974.  In 
re  Manhattan  Ice  Co.,  7  Am.  B.  R.  408;  114  Fed.  400;  afE'd  8  Am.  B.  R.  569;  116  Fed. 
604;  54  C.  C.  A.  60.  In  re  Brinkmann  (D.  C.  Ind.),  4  Am.  B.  R.  551;  103  Fed.  65.  In  re 
Morales,  5  Am.  B.  R.  425;  105  Fed.  761. 

Splitting  claims  not  allowed. 

In  re  Independent  Thread  Co.,  7  Am.  B.  R.  704;  113  Fed.  998.  In  re  Tribelhorn  (C. 
C.  A.  2nd  Cir.),  14  Am.  B.  R.  491;  137  Fed.  3;  69  C.  C.  A.  601.  In  re  Halsey  Electric 
Generator  Co.,  20  Am.  B.  R.  738.  Stroheim  v.  Perry  and  Whitney  Co.  (C.  C.  A.  1st  Cir.), 
23  Am.  B.  R.  695;  175  Fed.  52;  aff'g  22  Am.  B.  R.  772;  172  Fed.  745. 

Endorser.  In  re  Gcrson,  5  Am.  B.  R.  89;  105  Fed.  891;  aff'd  (C.  C.  A.  3rd  Cir.),  6 
Am.  B.  R.  11;  107  Fed.  897;  47  C.  C.  A.  49. 

Holder  of  note  not  yet  due. 

In  re  Rothenberg,  15  Am.  B.  R.  485;  140  Fed.  798. 

Secured  creditors,  not  if  fully  secured. 

Creditors  Twho  have  secured  voidable  preference. 
In  re  ilurnstein,  lU  Am.  B.  R.  308;  122  Fed.  266. 
In  re  Herzikopf,  9  Am.  B.  R.  90;  118  Fed.  101. 
In  re  Norcross,  1  Am.  B.  R.  644, 
In  re  Cain,  2  Am.  B.  R.  318. 
In  re  Gillette,  5  Am.  B.  R.  119;  104  Fed.  769. 
In  re  Fishblate  Clothing  Co.,  11  Am.  B.  R.  204;  125  Fed.  986. 
lure  Vastbinder,  11  Am.  B.  R.  118;  126  Fed.  417. 

Stevens  v.  Nave-McCord  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  609;  150 
Fed.  71;  80  C.  C.  A.  25. 

Creditors  holding  attachments. 

In  re  Hurlingtou  Malting  Co.,  6  Am.  B.  R.  369;  109  Fed.  777. 

In  ro  Schenkein,  10  Am.  B.  R.  322;  113  Fed.  421.  Contra.  In  re  Hornstein,  10  Am. 
B.  R.  308;  122  Fed.  266. 


FORMS  IN  BANKRUPTCY.  31 

Trustee  in  bankruptcy  of  a  petitioning  creditor  may  be  substituted. 

Hays  V.  Wagner  (C.  C.  A.  6th  Cir.).  18  Am.  B.  R.  163;  150  Fed.  533;  80  C.  C.  A.  275. 

Subcontractor  may  not  be  a  petitioner. 

In  re  Ellis  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  221;  143  Fed.  103;  74  C.  C.  A.  397. 

"Who  may  be  estopped. 

Creditors  inducing  assignment. 

Clark  V.  Henne  and  Mayer  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R.  583;  127  Fed.  288:  62  C. 
C.  A.  172. 

One  assenting  to,  or  receiving  benefit  under  general  assignment,  may  not  be  petitioning 
creditor. 

Moulton  V.  Coburn  (C.  C.  A.  1st  Cir.),  12  Am.  B.  R.  553;  131  Fed.  201;  66  C.  C.  A. 
90.     Aff'g  In  re  Coburn,  11  Am.  B.  R.  212. 

Durham  Paper  Co.  v.  Seaboard  Knitting  Mills,  10  Am.  B.  R.  29;  121  Fed.  179. 

Sec,  In  re  Curtis  (C.  C.  A.  7th  Cir.),  2  Am.  B.  R.  226;  94  Fed.  630;  36  C,  C.  A.  430. 

In  re  Simonsoa  v.  Sinsheimer  (C.  C.  A.  6th  Cir.),  3  Am.  B.  R.  824;  100  Fed.  426;  40 
C.  C.  A.  474. 

Stroheim  v.  Perry  and  Whitney  Co.  (supra). 

Corporation  creditor  may  not  be  estopped  because  an  officer  of  said  corporation  in  his 
individual  capacity  acted  as  the  assignee. 

In  re  Winston,  10  Am.  B.  R.  171 ;  122  Fed.  187. 

Right  of  petitioning  creditor  to  withdraw. 

When  creditor  has  used  the  machinery  of  the  court  and  obtained  a  settlement  of  his 
claim  he  cannot  withdraw  from  the  proceeding. 

In  re  Beddingfleld,  2  Am.  B.  R.  355;  96  Fed.  190. 

A  creditor  who  has  joined  under  a  misunderstanding  of  fact  may  be  permitted  to 
withdraw  as  a  petitioning  creditor. 

Moulton  V.  Coburn  (supra). 

No  power  in  court  to  compel  creditors  to  become  petitioners. 

In  re  Gillette  and  Prentice,  5  Am.  B.  R.  119;  104  Fed.  769. 

SufiBciency  of. — The  caption  no  essential  part. 

In  re  Gorman,  15  Am.  B.  R.  587. 

Petition  must  allege  that  debtor  owes  at  least  $1,000  to  confer  jurisdiction. 

Taft  Co.  V.  Century  Sav.  Bank  (C.  C.  A.  8th  dr.).  15  Am.  B.  R.  594;  141  Fed.  369; 
72  C.  C.  A.  671. 

Insufficient  allegation  of  preference. 

In  re  Pure  Milk  Co..  18  Am.  B.  R.  735;  154  Fed.  682. 

In  re  Tupper  (D.  C.  N.  Y.),  20  Am.  B.  R.  824;  163  Fed.  766. 

In  re  Flint  Hill  Stone  and  Construction  Co.,  18  Am.  B.  R.  81 ;  149  Fed.  1007. 

Essential  to  allege  "  insolvency  at  time  of  transfer." 

In  re  Hammond  (D.  C.  N.  Y.).  20  Am.  B.  R.  776;  163  Fed.  548. 

Allegations  of  acts  of  bankruptcy  must  be  based  on  something  more  than  rumor, 
hearsay  or  suspicion. 

In  re  Blumberg,  13  Am.  B.  R.  343;  133  Fed.  845. 

In  re  Mero,  12  Am.  B.  R.  171 ;  128  Fed.  630. 

Prayer  for  adjudication. 

In  re  Wing  Yick  Co.,  13  Am.  B.  R.  757. 

Acts  of  bankruptcy.  Sec.  3  (3).  "Permitting  preferences  through  legal 
proceedings." 

Failure  to  vacate  a  preference  resulting  from  judgment  levy  and  sale  is  an  act  of 
bankruptcy  even  though  the  judgment  debtor  is  a  corporation  and  defended  in  good  faith, 
provided  such  corporation  was  insolvent  five  days  before  the  day  set  for  the  sale. 


32  FORMS   IN  BANKRUPTCY. 

In  re  Rung  Furniture  Co.  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  12;  139  Fed.  526;  71  C. 
C.  A,  342 ;  afif'g  10  Am.  B  R.  44. 

Computation  of  time  for  completion  of  such  act  of  bankruptcy ;  when  petition  prema- 
turely filed. 

Pittsburgh  Laundry  Supply  Co.  v.  Imperial  Laundry  Co.  (C.  C.  A.  3rd  Cir.),  18  Am. 

B.  R.  756;  154  Fed.  662;  83  C.  C.  A.  486. 

In  re  Nusbaum,  18  Am.  B.  R.  598 ;  152  Fed.  835. 
In  re  Nat.  Hotel  and  Cafe  Co.,  15  Am.  B.  R.  69;  138  Fed.  947. 

Levy  of  an  execution  against  a  partnership.  Failure  to  discharge  levy  constitutes  an 
act  of  bankruptcy  by  all  the  members. 

Holmes  v.  Baker  and  Hamilton  (C.  C.  A.  9th  Cir.).  20  Am.  B.  R.  252;  160 Fed.  922;  88 

C.  C.  A.  104. 

Sale  under  distress  for  rent  may  not  constitute  an  act  of  bankruptcy. 

Richmond,  etc.,  Co.  v.  Allen  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  583;  148  Fed.  657;  78 
C.  C.  A.  389. 

A  creditor's  petition  which  merely  alleges  that  an  attachment  has  been  made  upon 
property  of  the  alleged  bankrupt  in  a  legal  proceeding  against  him,  does  not  set  forth  an 
act  of  bankruptcy  within  the  meauing  of  this  section. 

In  re  Vetterman  (D.  C.  N.  H.),  14  Am.  B.  R.  245;  135  Fed.  448. 

"Final  Disposition,"  meaning  of. 

In  re  Tupper  (D.  C.  N.  Y.),  20  Am.  B.  R.  824;  163  Fed.  766. 

Acta  of  Bankruptcy.     Sec.  3  (4).     Appointment  of  receiver. 

Since  amendment  of  1903  a  receivership  is  not  au  act  of  bankruptcy  unless  it  was  pro- 
cured upon  the  application  of  the  insolvent  himself  while  insolvent  and  does  not  make  the 
putting  of  a  receiver  in  charge  of  the  property  of  an  insolvent  an  act  of  bankruptcy  unless 
by  reason  of  insolvency. 

In  re  Spalding  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  129;  139  Fed.  244;  71  C.  C.  A.  370; 
rev'g  8.  c.  13  Am.  B.  R.  223. 

See,  Blue  IVIountain  Iron  and  Steel  Co.  v.  Portner  (C.  C.  A.  4th  Cir.),  12  Am.  B.  R.  559; 
131  Fed.  57;  65  C.  C.  A.  295;  certiorari  denied  in,  195  U.  S.  636;  49  L.  Ed.  355. 

Appointment  under  general  equity  powers  of  the  court  not  an  act  of  bankruptcy. 

Zugalla  V.  International  Mercantile  Agency  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  67;  142 
Fed.  927;  74  C.  C.  A.  97;  rev'g  13  Am.  B.  R.  725. 

In  re  Edward  Ellsworth  Co.,  23  Am.  B.  R.  284;  173  Fed.  699. 

What  sufficient  to  bring  within  section. 

Hooks  V.  Aldridge  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  658;  145  Fed.  865;  76C.C.  A.  409. 

In  re  Pickens  Mfg.  Co.  (D.  C.  Ga.),  20  Am.  B.  R.  202;  158  Fed.  894. 

In  re  Belfast  Mesh  Underwear  Co.  (D.  C.  Conn.),  18  Am.  B.  R.  620;  153  Fed.  224. 

In  re  Douglass  Coal  and  Coke  Co.,  12  Am.  B.  R.  539. 

Beatty  v.  Anderson  Coal  Mine  Co.  (In  re  Beatty)  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  738; 
150  Fed.  293;  80  C.  C.  A.  181. 

In  re  Kennedy  Tailoring  Co.  (D.  C.  Tenn.),  23  Am.  B.  R.  656;  175  Fed.  871. 

Acts  of  Bankruptcy.     Sec.  3-a  (4).     General  assignment. 

Construed  in  a  generic  sense. 

In  re  Thomlinson  Co.  et  al.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  691;  154  Fed.  834;  83  C. 
C.  A.  550. 

Coupled  with  voluntary  dissolution  of  a  corporation,  an  act  of  bankruptcy. 

In  re  Bennett  Shoe  Co.  (D.  C.  Conn.),  15  Am.  B.  R.  497;  140  Fed.  687. 

Conveyance  in  trust  for  benefit  of  creditors  though  without  preferences  an  act  of 
bankruptcy. 

In  re  Salmon  and  Salmon,  16  Am.  B.  R.  122;  143  Fed.  395. 

Essential  allegations  in  re  giving  of  mortgage. 

In  re  Flint  Hill  Stone  and  Construction  Co.,  18  Am.  B.  R.  81;  149  Fed.  1007. 


FORMS  IN  BANKRUPTCY.  33 

Clark  V.  Henne  and  Meyer  etal.  (0.  C.  A.  5th  Cir.),  11  Am.  B.  R.  583;  127  Fed.  288; 
62  C.  C.  A.  172. 

In  re  Broadway  Savings  Trust  Co.  (C.  C.  A.  8th  Cir.),  18  Am,  B.  R.  254;  152  Fed. 
152;  81  C.  C.  A.  58. 

In  reTupper.  20  Am.  B.  R.  824;  163  Fed.  766. 

In  re  Ball,  19  Am.  B.  K.  609;  156  Fed.  682. 

Mills  V.  J.  H.  Fisher  and  Co.,  20  Am.  B.  R.  237;  159  Fed.  897;  87  C.  C.  A.  77. 

Hartman  v.  John  Peters  and  Co.,  17  Am.  B.  R.  61 ;  146  Fed.  82. 

Application  for  voluntary  dissolution  by  a  corporation  in  State  Court  is  not  an  act  of 
bankruptcy. 

In  re  Empire  Metallic  Bedstead  Co.  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  575;  98  Fed.  981 ; 
39  C.  C.  A.  372;  aff'g  s.  c.  2  Am.  B.  R.  329. 

See,  In  re  Harper  and  Bros.,  3  Am.  B.  R.  804;  100  Fed.  266. 

Nor  by  a  partnership. 

Boyd  V.  Boyd  Fry  Stove  and  China  Co.,  20  Am.  B.  R.  830. 

Frame  of  petition. 

May  set  forth  several  and  distinct  acts  of  bankruptcy. 

Bradley  Timber  Co.  v.  White,  10  Am.  B.  R.  329;  121  Fed.  779;  58  C.  C.  A.  55;  aff'g 
9  Am.  B.  R.  441. 

Nature  of  petitioner's  claims. 

In  re  White,  14  Am.  B.  R.  241 ;  135  Fed.  199. 

Agent's  authority  should  be  set  forth. 

In  re  Levingston.  13  Am.  B.  R.  357. 

Petition  should  not  be  disjunctive  in  form. 

In  re  Lascaris,  1  Am.  B.  R.  480. 

Verification  of  petition. 

In  re  Brumelkamp,  2  Am.  B.  R.  318 ;  95  Fed.  814. 
In  re  Ball  (D.  C.  N.  Y.),  19  Am.  B.  R.  609;  156  Fed.  682. 
By  attorney 

In  re  Vastbinder.  11  Am.  B.  R.  118;  126  Fed.  417. 
In  re  Hunt,  9  Am.  B.  R.  251 ;  118  Fed.  282. 
In  re  Herzikopf,  9  Am.  B.  R.  90;  118  Fed.  101. 

In  re  Levingston,  13  Am.  B.  R.  357.  Rogers  v.  De  Sota  Placer  Mining  Co.  (C.  C.  A. 
9th  Cir.),  14  Am.  B.  R.  253;  136  Fed.  407;  69  C.  C.  A.  251. 

In  re  Chequasset  Lumber  Co.,  7  Am.  B.  R.  87;  112  Fed.  56. 

Defect  not  jurisdictional  and  answering  on  merits  'waives. 

Leidigh  Carriage  Co.  v.  Stengel,  2  Am.  B.  R.  383;  95  Fed.  637.     Simonson  v.  Sin- 
gheimer  (C.  C.  A.  6th  Cir.),  95  Fed.  948;  87  C.  C.  A.  337. 
No  abuse  of  discretion  to  allow  amendment. 
Armstrong  v.  Fernandez  (U.  S.  Sup.),  19  Am.  B.  R.  746;  208  U.  8.  324;  52  L.  Ed.  514. 

Effect  of  filing  petition.—"  Caveat  to  all  the  world." 

State  Bank  of  Chicago  v.  Cox  (C.  C.  A.  7th  Cir.),  16  Am.  B.  R.  32;  143  Fed.  91 ;  74 
C.  C.  A.  285. 

In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 

In  re  Lutfy,  19  Am.  B.  R.  614;  156  Fed.  873. 

Phenix  Nat.  Bank  v.  Waterbury  (N.  Y.  Sup.  Ct.),  20  Am.  B.  R.  140;  128  App.  Div. 
453;  108  N.  Y.  Supp.  391. 


34  FORMS  IN  BANKRUPTCY. 


FORM  No.  6. 

INVOLUNTARY  PETITION  BY  ONE  CREDITOR  AGAINST  A  PARTNER- 
SHIP. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 


The  petition  of   ,  of   ,  respectfully 

shows : 

First.     That   and   are  and  have 

been  co-partners,  doing  business  under  the  firm  name  and  style  of 

,  and  have  had  their  principal  place  of  business  at  , 

State  and  district  aforesaid,  for  the  greater  portion  of  the  six  months  next 
preceding  the  date  of  the  filing  of  this  petition;  that  the  said  partnership  is 
insolvent  and  owes  debts  to  the  amount  of  one  thousand  dollars  and  upwards 
and  is  neither  a  wage-earner  nor  a  person  engaged  principally  in  farming  or 
the  tillage  of  the  soil. 

Second.     That  upon  information  and  belief,  the  said  partnership 

has  less  than  twelve  creditors. 

Third.     That  your  petitioner  is  a  creditor  of  said 

and  composing  the  partnership  firm  of 

having  a  provable  claim  against  said  partnership,  amounting  in  the  aggregate 
in  excess  of  securities  held  by  him  to  the  sum  of  five  hundred  dollars;  that 
your  petitioner  is  not  entitled  to  priority  of  payment  of  his  said  claim  within 
the  meaning  of  Section  64  (b)  of  the  United  States  Bankruptcy  Act  and  the 
amendments  thereof,  nor  has  he  received  a  preference  within  the  meaning  of 
Section  60  (a-b)  of  such  law  as  amended. 

Fourth.     That  the  nature  and  amount  of  your  petitioner's  claim  is   as 
follows : 


No  part  of  said  claim  has  been  paid  though  duly  demanded. 

Fifth.     Your  petitioner  represents  that  the  said and 

,  composing  the  partnership  firm  of , 

while  insolvent  and  within  four  months  next  preceding  the  date  of  this  peti- 
tion, committed  an  act  of  bankruptcy  in  that  they  did  heretofore,  to  wit: 
[Here  specify  act,  giving  facts,  bringing  under  Section  3-a.] 

Wherefore  your  petitioner  prays  that  service  of  this  petition  with  a  subpoena 


FORMS  IN  BANKRUPTCY.  35 

may  be  made  upon  the  said and 

individually  and  as  co-partners  doing  business  under  the  firm  name  and  style 

of ,  as  provided  in  the  Acts  of  Congress  relating  to 

bankruptcy  and  that  they  as  individuals  and  the  firm  of 

may  be  adjudged  bankrupt  within  the  purview  of  said  Acts. 
Dated ,19... 


Petitioner. 


Attorney  for  Petitioner, 

Office,  and  Post  Office  Address, 
Street, 


(Verification.) 

NOTES. 

A  partnership  is  a  distinct  entity  and  may  be  adjudged  bankrupt  irrespective  of  any 
adjudication  against  its  individual  members. 

Mills  V.  J.  H.  Fisher  Co.  (C.  C.  A.  6th  Cir.).  20  Am.  B.  R.  237;  159  Fed.  899,  87  C.  C. 
A.  77. 

In  re  Meyer  et  al.  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  559;  98  Fed.  976,  39  C.  C.  A.  368. 

Partnership  adjudication  draws  to  estate  individual  estate  of  partners  though  as  in 
dividuals  they  have  not  been  adjudicated. 

In  re  Latimer  et  al.  (I).  C.  Pa.),  23  Am.  B.  R.  388. 

In  re  Meyer  et  al.  {supj-a). 

Insanity  of  a  partner  and  appointment  of  a  committee  will  not  prevent  adjudication  of 
partnership. 

In  re  L.  Stein  «&  Co.  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  536;  127  Fed.  547;  62  C.  C.  A. 
»72. 

In  what  district  proceeding  may  be  brought. 

In  re  Blair  et  al.  (D.  C.  N.  Y.),  3  Am.  B.  R.  588;  96  Fed.  76. 

What  petition  should  show. 

In  re  Blair  et  al  (supra). 

Petition  filed  by  one  creditor.— In  re  Blount  16  Am.  B.  R.  97;  142  Fed.  263. 

In  re  Ilofifschlaeger  Co.  (Lim.)  v.  Young  Nap.,  12  Am.  B.  R.  515. 

How  number  of  creditors  computed. 

Moulton  V.  Coburn  (C.  C.  A.  1st  Cir.).  12  Am.  B.  R.  553;  131  Fed.  201;  66  C.  C.  A.  90 
aff'g  11  Am.  B.  R.  212. 

The  averment  that  all  the  creditors  of  the  alleged  bankrupt  are  less  than  twelve  in 
number  does  not  limit  the  jurisdiction  of  the  court. 

In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  665;  185  Fed.  1000;  68 
C.  C.  A.  484, 


Se  FORMS  IN  BANKRUPTCY. 

FORM  No.  7. 

[Offkial.] 
SUBPOENA  TO  ALLEGED  BANKRUPT. 

United  States  of  America, District  of 

To ,  in  said  District,  Greeting : 

For  certain  causes  offered  before  the  District  Court  of  the  United  States  of 

America  within  and  for  the District  of ,  as  a  court  of 

bankruptcy,  we  command  and  strictly  enjoin  you,  laying  all  other  matters  aside 
and  notwithstanding  any  excuse,  that  you  personally  appear  before  our  said 
District  Court,  to  be  holden  at  the  United  States  Court  House  in  said  district, 

on  the day  of ,  A.  D.  19. . .,  to 

answer  to  a  petition  filed  by 

in  our  said  court,  praying  that  you  may  be  adjudged  a  bankrupt;  and  to  do 
further  and  receive  that  which  our  said  District  Court  shall  consider  in  this 
behalf.  And  this  you  are  in  no  wise  to  omit,  under  the  pains  and  penalties 
of  what  may  befall  thereon. 

Witness,  the  Honorable ,  Judge  of  said  Court, 

and  the  seal  thereof,  at  the  City  of ,  this 

day  of  ,  A.  D.  19. . . 


Cleric. 


J       Seal  of  ] 

I     the  Court.       J 

FORM  No.  8. 

MARSHAL'S   RETURN. 

I  hereby  certify  that  on  the day  of ,  19 . . , 

at ,  in  the  City  of ,  in  my  District, 

I  personally  served  the  within  subpoena  upon  the  within-named 

by  exhibiting  to the  within  original  and  at 

the  same  time  leaving  with a  copy  thereof.    I  further 

certify  that  at  the  same  time  and  place  I  left  with a 

duplicate  original  of  the  creditor's  petition  for  adjudication  herein. 

Dated  ,  ,  19.  . . 


U.  S.  Marshal Dist. 


I  hereby  certify  that  after  diligent  search  I  am  unable  to  find  the  within- 
named  in  my  District.     I  further  certify 

that  on  the day  of ,  19.  . .,  at 

,  in  the  City  of ,  in  my  District,  that 


FORMS  IN  BANKRUPTCY.  37 

being  at  the  residence  of  said I  delivered  to  and  left 

a  copy  of  the  within  subpoena  with  an  adult  member  of  the  family,  to  wit, 

and  at  the  same  time  and  place  left  with 

a  duplicate  original  of  the  creditor's  peti- 
tion for adjudication  herein. 

Dated , ,  19... 


U.  S.  Marshal Dist 

NOTES. 

Subpoena  to  alleged  bankrupt. — Issued  by  clerk.     General  Order  III. 

Returnable  in  fifteen  days. 

As  to  memorandum  required  by  Equity  Rule  XII. 

In  re  Wing  Yick  Co.  13  Am.  B.  R.  360. 

Failure  to  make  timely  service  does  not  terminate  the  proceeding. 

Gleason  v.  Smith  &  Co.  (C.  C.  A.  3d  Cir.),  16  Am.  B.  R  602;  145  Fed.  895;  76  C.  C. 
A.  427. 

In  re  Stein  (C.  C.  A.  2nd  Cir.),  5  Am.  B.  R.  288;  105  Fed.  749;  45  C.  C.  A.  29. 

In  re  Frischberg,  8  Am.  B.  R.  607. 

Death  of  alleged  bankrupt  after  filing  of  petition  but,  before  service  of  subpoena,  does 
not  abate  the  proceeding.  Shuteet  al.  v.  Patterson  et  al.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R. 
99;  147  Fed.  509;  78  C.  C.  A.  75. 

Service.     See  Equity  Rule  XIII. 

May  be  made  by  leaving  the  papers  in  the  district  with  an  adult  member  of  his  family 
at  his  home. 

In  re  Norton  17  Am.   B.  R.  504;  148  Fed.  301. 

Upon  clerk  of  hotel  where  alleged  bankrupt  usually  resided  and  of  which  he  was  the 
proprietor. 

In  re  Risteen  (D.  C.  Mass.),  10  Am.  B.  R.  494;  122  Fed.  782. 

Service  upon  Commissioner  of  Corporation  of  State, 

In  re  Magid-Hope  Silk  Mf'g  Co.,  6  Am.  B.  R.  610;  110  Fed.  352. 

Fees  of  XT.  S.  Marshal  for  service. 

In  re  Damon  et  al.,  5  Am.  B.  R.  133;  104  Fed.  775. 


38  FORMS  IX  BANKRUPTCY. 

FORM  No.  9. 

GENERAL  APPEARANCE  IN  INVOLUNTARY  CASE. 

In  the  District  Court  of  the  United  States, 

for  the District  of ': 

In  Bankruptcy. 


In  the  Mattee 

OF 


Alleged  Bankrupt. 


y    No. 


To  the  District  Court  of  the  United  States, 
for  the  District  of  


The  clerk  of  this  court  will  please  enter  my  appearance  as  attorney  for 

,   of    ,   the   alleged   bankrupt 

[or  a  creditor  of  said  alleged  bankrupt],  who  desires  to  plead  herein  in  re- 
sponse to  the  petition  of and , 

and  that  the  said be  adjudicated  bankrupt. 

Dated , , , ,  19... 


Attorney  for. 
Address . 


NOTES. 

This  appearance  must  now  be  filed  within  five  days  after  the  return  day.  See  §  18-b, 
as  amended.  Consult  Section  Eighteen,  ante,  and  see  General  Order  IV.  and  Equity 
Rule  YII. 

Adjudication  should  not  be  made  before  expiration  of  time  limit. 

Day  V.  Beck,  etc.,  Co.  (C.  C.  A.  5th  Cir.).  8  Am.  B.  R.  175;  114  Fed.  834;  52  C.  C.  A. 
468.     In  re  Humbert,  4  Am.  B.  R.  76 ;  100  Fed.  439. 

Comp.  In  re  Columbia  Real  Estate  Co..  4  Am.  B.  R.  411;  101  Fed.  965. 

A  preferred  creditor  and  an  attaching  creditor  cannot  appear  and  plead  without 
surrendering  preference  or  attachment. 

In  re  Burlington  flatting  Co.,  6  Am.  B.  R.  369;  109  Fed.  777.  In  re  Rogers  Milling 
Co.,  4  Am.  B.  R.  540;  103  Fed.  687.  In  re  Schenkein  and  Ano.,  7  Am.  B.  R.  162;  113 
Fed.  421. 

Voluntary  appearance  by  alleged  bankrupt  equivalent  to  personal  service,  but  only 
so  far  as  to  confer  jurisdiction  of  the  person. 


FORMS  IN  BANKRUPTCY. 


39 


705. 


In  re  Mason,  3  Am.  B.  R.  599;  99  Fed.  256.    Shutts  v.  Bank,  3  Am.  B.  R  492;  98  Fed 

Extension  of  time  to  appear. 

In  re  Simonson,  1  Am.  B.  R.  197 ;  92  Fed.  904. 

In  re  Heinsfurter,  3  Am.  B.  R.  109;  97  Fed.  198. 

Authority  of  Attorney  to  appear. 
In  re  Kindt,  3  Am.  B.  R.  546;   98  Fed.  867. 
Cannot  be  questioned  by  answer  of  alleged  bankrupt. 
Gage  Co.  v.  Bell,  10  Am.  B.  R.  696;  124  Fed.  371. 


FORM  No.  10. 

APPEARANCE  BT  INTERVENING  CREDITOR. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


y   No. 


To  the  District  Court  of  the  United  States, 
for  the  District  of  : 

I,  ,  a  creditor  of  ,  against 

whom  a  petition  for  an  adjudication  in  bankruptcy,  filed  by , 

on  the day  of ,  19 .  .  . . ,  is  pending,  desire 

to  appear  in  such  proceeding;  and,  to  that  end,  the  clerk  of  this  court  will 

please  enter  my  appearance,  by ,  Esq.,  of  No 

St., ,  whom  I  hereby  appoint  as  my  attorney  for  such  pro- 
ceeding and  take  note  that  I  join  in  such  petition  as  provided  in  Sec.  59-f  of 
the  bankruptcy  law  of  1898. 

Dated ..,19... 


Intervening  Creditor, 


Address , 


[Verification  if  desired.] 


40  FORMS  IN  BANKRUPTCY. 

FORM  No.  11. 

PETITION  TO  INTERVENE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 
OP 


VNo. 


Alleged  Bankrupt. 


To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of  : 

The  petition  of ,  respectfully  alleges  and  shows  on  in- 
formation and  belief: 

1.     That  your  petitioner, ,  is  a  creditor  of  the  above 

named,    ,  having  a  provable  claim  against  the  same 

amounting  to in  excess  of  securities  held  by  him.   That 

the  nature  and  amount  of  your  petitioner's  claim  is  for : 


and  that  no  part  of  said  claim  has  been  paid,  although  duly  demanded. 

2.     That  on  or  about  the day  of ,  19 ... , 

,  filed  in  the  office  of  the  clerk  of  this  court  a  petition 

that  be  adjudged  an  involuntary  bankrupt.     That  the 

said  petition  is  still  pending  and  that  your  petitioner  desires  to  join  in  the 

petition  of  the  said ,  that  the  said , 

be  adjudged  an  involuntary  bankrupt. 

Wherefore,  your  petitioner  would  respectfully  pray  that  he  be  allowed  to 

join  in  the  said  petition  of ,  that  the  said 

be  adjudged  a  bankrupt  within  the  purview  of  the  Bankruptcy  Act  of  1898 
and  the  amendments  thereof. 

Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY.  41 

NOTES. 

Appearance  by  Intervening  Creditor  and  Petition  and  Order  of  Interven- 
tion.— See  59  f. 

In  re  HaflE  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  362;  136  Fed.  78;  68  C.  C.  A.  646; 

Whether  creditors  "  join  in  the  petition"  or  "file  an  answer"  appearance  should  be 
entered.     In  re  Taylor,  1  N.  B.  N.  412. 

If  application  is  granted  the  applicant  becomes  as  much  a  petitioning  creditor  as  if 
he  had  joined  in  original  petition. 

"Who  may  intervene. — Generally  any  creditor  who  could  have  filed  the  petition, 
Ayres  v.  Cone  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  789;  138  Fed.  778;  71  C.  C.  A.  144. 

"When  intervention  allow^ed. 

If  issue  is  general,  creditor  should  be  allowed  to  join  in,  even  when  four  months  from 
act  of  bankruptcy  has  expired. 

In  re  Stein,  5  Am.  B.  R.  288 ;  105  Fed.  749. 

In  re  Mammoth  Pine  etc.  Co.,  6  Am.  B.  R.  84;  109  Fed.  808.  In  re  Mackey,  6  Am. 
B.  R.  577;  110  Fed.  855. 

A  deficiency  in  matter  of  form  of  the  claim  of  an  intervening  creditor  may  be  supplied 
upon  the  hearing.  Hays  v.  Wagner  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R  163;  150  Fed.  533; 
80  C.  C.  A.  275. 

Delay  of  a  year  unreasonable. 

In  re  Jemison  Mercantile  Co.,  7  Am.  B.  R.  588;  112  Fed.  966. 
No  intervention  to  oppose  adjudication  upon  voluntary  petition. 
In  re  Carleton,  8  Am.  B.  R.  270;  115  Fed.  246. 

Practice. — By  verified  petition  and  usually  granted  ex  parte. 

Intervention  will  not  be  ordered  -when  petition  is  defective  on  its  face. 

In  re  Beddingfield,  2  Am.  B.  R.  355 ;  96  Fed.  190. 

Nor  after  a  hearing  and  dismissal  of  original  petition. 
In  re  Tribelhorn,  (D.  C.  N.  Y.),  14  Am.  B.  R.  491 ;  187  Fed.  3. 

Efifect  of  appearance  or  intervention. 

Involuntary  proceedings  in  absence  of  collusion  may  be  dismissed  upon  default  with- 
out notice  except  to  creditors  intervening  or  appearing  in  the  proceeding. 

In  re  Levi  and  Klauber  (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  294;  142  Fed.  962;  74  C.  C. 
A.  932. 

See  Amendments  1910,  Sec.  59  g. 

Intervening  creditors  may  be  counted  in  making  up  the  number  of  creditors  and 
amount  of  claims  necessary  to  support  the  petition.  In  re  Crenshaw,  19  Am.  B.  R.  502; 
156  Fed.  638. 


42 


FORMS  IN  BANKRUPTCY. 


FORM  No.  12. 
ORDER  AI.LOWING  INTERVENTION. 


At  a  stated  term  of  the  District  Court  of 

the  United  States,  for  the   

District  of  ,  held  at 

the  United  States   Court  House,   City  of 

,  on  the day 

of   ,  19.... 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Alleged  Bankrupt, 


V^o. 


Upon  reading  and  filing  the  annexed  petition  of , 

verified ,  19.  .  .,  praying  that  he  be  joined  as  a  petitioning 

creditor  in  the  above  entitled  proceeding,  and  upon  the  petition  in  bankruptcy 

and  all  proceedings  heretofore  had  herein,  and  upon  motion  of 

,  attorney  for  said  petitioner,  it  is 

Ordered,  that    be  and  he  hereby  is   allowed   to 

intervene  herein,  and  is  hereby  joined  and  made  a  petitioning  creditor,  in  the 

petition  praying  for  the  involuntary  adjudication  of , 

filed  in  the  office  of  the  clerk  of  the  District  Court  of  the  United  States,  for 

the  District  of  ,  on  the   day  of 

,19... 

D.J. 


FORMS  IN  BANKRUPTCY.  43 

FORM  No.  13.  i 

ADMISSION    OF    BANKRUPTCY. 

a  corporation  organized  and  existing 

Tinder  the  laws  of  the  State  of  ,  of  , 

hereby  admits  its  inability  to  pay  its  debts  and  its  willingness  to  be  adjudged 
a  bankrupt  on  that  ground. 

Dated ,19...  i 


By 

[Acknowledgment.] 

NOTES. 

In  re  Mutual  Mercantile  Agency,  6  Am.  B.  R.  607;  111  Fed.  152.  In  re  L.  Humbert 
Co.,  4  Am.  B.  R.  76;  100  Fed.  439. 

In  re  Marine  Macliine  Co.,  1  Am.  B.  R.  421 ;  100  Fed.  439. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

Contra,  In  re  Bates  ISIachine  Co.,  1  Am.  B.  R.  129;  91  Fed.  625. 

Filing  of  a  voluntary  petition,  not  such  an  admission. 

In  re  Ceballos  &  Co.,  (D.  C.  N.  J.),  20  Am.  B.  R.  459;  161  Fed.  445. 

Must  be  an  unqualified  admission. 

In  re  Baker-Ricketson  Co.,  4  Am.  B.  R.  605;  97  Fed.  489. 
In  re  Wilmington  Hosiery  Co.,  9  Am.  B.  R.  579;  120  Fed.  179. 

See  Brinkley  v.  Smithwick,  11  Am.  B.  R.  500;  126  Fed.  686.  Debtor  may  request 
certain  creditors  to  file  petition. 

In  re  Duplex  Radiator  Co.,  15  Am.  B.  R.  324;  142  Fed.  906. 

See,  In  re  Independent  Thread  Co.,  7  Am.  B.  R.  704;  113  Fed.  998. 

A  treasurer  cannot. 

In  re  Burbank  Co.  (D.  C.  N.  H.),  21  Am.  B.  R.  838. 

Authority  of  Directors. — Cresson,  etc..  Coal  &  Coke  Co.  v.  Stauffer  (C.  C.  A.  3d 
Cir.),  17  Am.  B.  R.  573;  148  Fed.  981;  78  C.  C.  A.  609,  aff'g  s.  c.  16  Am.  B.  R.  309. 

In  re  Moeuch  &  Sons  Co.,  10  Am.  B.  R.  656;  123  Fed.  965  aff'd  s.  c.  12  Am.  B.  R. 
^0;  130  Fed.  685;  66  C.  C.  A.  37.     Even  when  directors  hold  over. 

In  re  Riley,  Talbot  &  Hunt,  15  Am.  B.  R.  159. 

In  re  Lisk  Mfg  Co.,  (D.  C.  N.  Y.),  21  Am.  B.  R.  674. 

Contra  In  re  Quartz  Gold  Mining  Co.  (D.  C.  Or.),  19  Am.  B.  R.  667;  157  Fed.  243. 

Van  Emon  et  al.  v.  Veal,  (C.  C.  A.  9th  Cir.),  158  Fed.  1022 ;  85  C.  C.  A.  547,  aff'g  157 
Fed.  243. 

In  re  Hudson  River  Electric  Power  Co.,  23  Am.  B.  R.  191. 

In  re  Kersten,  6  Am.  B.  R.  510;  110  Fed.  929. 

In  re  Rollins  Gold  &  Silver  Mining  Co.  {obiter),  4  Am.  B.  R.  327;  102  Fed.  982. 

By  Officer.     In  re  Southern  Steel  Co.  (D.  C.  Ala.),  169  Fed.  702. 

What  insufficient. 

Conway  et  al.  v.  German  et  al.  165  Fed.  895;  91  C.  C.  A.  653. 

When  a  corporation  admits  in  writing  its  inability  to  pay  its  debts  and  its  willingness 
to  be  adjudged  bankrupt  upon  that  ground  an  opposing  creditor  cannot  raise  the  question 
of  solvency. 

In  re  Duplex  Radiator  Co.  (supra). 

In  re  C.  Moeuch  &  Sons  Co.  (C.  C.  A.  2d  Cir.),  12  Am.  B.  R.  240;  130  Fed.  685; 
66  C.  C.  A.  37. 


44  FORMS  IN  BANKRUPTCY. 

FORM  No.  14. 

DEMURRER   TO   PETITION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


y  No. 


Alleged  -Bankrupt 


Now  comes ,  the  above  named  alleged  bankrupt,  (or 

a  creditor  of  alleged  bankrupt,)  by ,  his  attorney,  by  pro- 
testation, not  confessing  or  acknowledging  all  or  any  of  the  matters  or  things 
in  said  petition  in  bankruptcy  set  forth  to  be  true  in  such  manner  and  form 
as  the  same  are  therein  set  forth  and  alleged,  and  demurs  to  the  petition  of 
,  filed  herein  ,  19 ... ,  upon  the  follow- 
ing grounds: 

First.  That  it  appears  on  the  face  of  the  said  petition  that  the  court  is 
without  jurisdiction  to  grant  the  relief  prayed  for  in  said  petition. 

Second.     That  said  petition  is  wholly  without  equity. 

Third.  That  said  petition  does  not  state  facts  sufficient  to  warrant  the 
granting  of  the  relief  prayed  for  therein. 

Fourth.  That  the  petitioners  have  not  by  their  said  petition  shown  them- 
selves entitled  to  the  relief  therein  prayed  for,  or  any  part  thereof. 


Attorney  for 

Alleged  bankrupt  (or  creditor), 

State   of 


County  of '' 

,  being  duly  sworn,  deposes  and  says :     That 

he  is  the   herein ;  that  the  foregoing  demurrer  is  not 

interposed  for  delay. 

Sworn  to  before  me  this day  of ,  19 .  . . 

I  hereby  certify  that  the  foregoing  demurrer  is  in  my  opinion  well  founded 
in  point  of  law. 

Dated  ,   ,  19... 

f 

Attorney  for 


FORMS  IN  BANKRUPTCY.  45 

NOTES. 

When  should  be  interposed. 

When  petition  does  not  show  all  the  jurisdictional  facts. 

Green  River  Dep.  Bank  v.  Craig  Bros.,  6  Am.  B.  R.  381;  110  Fed.  137. 

In  re  Ewing,  8  Am.  B.  R.  269;  115  Fed.  707. 

In  re  Hammond  (D.  C.  N.  Y.),  20  Am.  B.  R.  776;  163  Fed.  548. 

In  re  Lackow,  15  Am,  B.  R.  825. 

Answer  on  merits  waives  demurrer. 

Green  River,  etc.,  Bank  v.  Craig  (supra). 

Leidigh  Carriage  Co.  v.  Stengel,  2  Am.  B.  R.  383 ;  95  Fed.  637.  In  re  Cliflfe,  2  Am. 
B.  R.  317;  94  Fed.  354.     In  re  Cooper  Bros.,  20  Am.  B.  R.  392;  159  Fed.  956. 

If  demurrer  is  overruled  leave  to  answer  is  usually  granted. 

If  demurrer  is  sustained,  new  petition  may  be  filed  except  where  there  is  lack  of 
jurisdiction. 

In  re  Toledo  Portland  Cement  Co.  (D.  C.  Mich.),  19  Am.  B.  R.  117;  156  Fed.  83. 

In  re  Britt,  12  Am.  B.  R.  492;  130  Fed.  981. 

Demurrer  to  Answer. 

None  allowed. 

Goldman  V.  Smith,  1  Am.  B.  R.  266;  98  Fed.  183. 


FORM  No.  15. 

NOTICE  OF  ARGUMENT  OF  DEMURRER. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


Alleged  Banhrudt. 


In  Bankruptcy  No- 


Please  take  notice  that  the  demurrer  of ,  alleged  bank- 
rupt, (or  creditor  herein,)  to  the  petition  filed  herein  on  the 

day  of   ,  19. . .,  will  be  brought  on  for  argument  before 

the  Hon United  States  District  Judge,  for  the 

District  of ,  at  the  U.  S.  Court  House,  in  the  City  of 

,  on  the  day  of   ,  19 ... , 

at o'clock  in  the noon  of  said  day  and  a  motion  made  to  over- 


46 


FORMS  IN  BANKRUPTCY. 


rule  said  demurrer  with  costs  and  for  such  other  or  further  relief  as  to  the 
court  may  seem  just  and  proper. 
Dated , 19... 


Attorney  for  petitioning  creditors, 

No Street, 

City  of 


To ,  Esq., 

Attorney  for  alleged  bankrupt, 
(or  creditor.) 


FORM  No.  16. 

[Official.] 
ANSWTR   DENYING    BANKRUPTCY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


J3anJcTvpt. 


V    No. 


At   ,  in  said  District,  on  the   day  of 

,  A.  D.  19... 

And  now  the  said  appears,  and  denies  that  he  has  com- 
mitted the  act  of  bankruptcy  set  forth  in  said  petition,  or  that  he  is  insolvent, 
and  avers  that  he  should  not  be  declared  bankrupt  for  any  cause  in  said 
petition  alleged ;  and  this  he  prays  may  be  inquired  of  by  the  court,  (or  he 
demands  that  the  same  may  be  inquired  of  by  a  jury). 


Subscribed  and  sworn  to  before  me,  this 
A.  D.  19... 


day  of 


*!»")} 


FORMS  IN  BANKRUPTCY. 


47 


FORM  No.  17. 

ANSWER   ALLEGING    MORE    THAN   TWELVE    CREDITORS. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Mattkk 

OP 


Bankrupt. 


No. 


Now  comes of , ,  the  person  against 

whom  a  petition  for  an  adjudication  in  bankruptcy  has  been  filed  herein,  (or 
creditor,)  and  does  hereby  controvert  such  petition  and  file  the  following 
answer : 

That  the  creditors  of  the  said   are  twelve  and  more  in 

number. 

That  annexed  hereto  is  a  list  of  all  such  creditors,  with  their  addresses, 
under  oath,  as  required  by  §  59-d  of  the  bankruptcy  law  of  1898. 

Wherefore,  answer  is  made  to  such  petition,  and  a  hearing  and  the  judg- 
ment of  the  court  is  asked  thereon. 


[by.... 
Address 


Answering  Bankrupt. 
[or  Creditor] 

Jiis  Attorney, 


1 


The  following  is  the  list  of  the  creditors  and  their  addresses,  referred  to 
in  the  foregoing  answer. 

LIST  OF   CREDITORS   AND   ADDRESSES. 


Names  of  Creditors. 


Addresses. 


Answering  Bankrupt, 
(or  creditor). 


48                                   FORMS  IN  BANKRUPTCY. 
County   of 


State   of.  ^  ^       " 

\ 

I, ,  the  answering  bankrupt  [or  creditor]  mentioned  and 

described  in  the  foregoing  answer,  do  hereby  made  solemn  oath  that  the  state- 
ments of  fact  contained  in  such  answer  are  true,  according  to  the  best  of  my 

knowledge,  information,  and  belief;  and  also  that  the  list  annexed  thereto  and  j 

therein  referred  to  comprises  all  of  the  creditors  of  the  said I 

and  gives  their  addresses,  so  far  as  they  are  known  or  can  be  ascertained.  i 

Subscribed  and  sworn  to  before  m,  this day  of ,  I 

19...  j 

NOTES.  I 

i 

Answer  to  petition  alleging  that  creditors  are  less  than  twelve  in  number.  j 

Sec.  59-d.  ; 

Service  of  notice.  : 
lu  re  Tribelhorn  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  491 ;  137  Fed.  3;  69  C.  C.  A.  601. 

Insufficiencj'  in  allegation  not  an  incurable  jurisdictional  defect.  * 

In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  362;  136  Fed.  78;  68  C.  C.  A.  340.  i 

List  under  oath  should  be  filed  with  answer.  j 
In  re  Hafif  {supra). 

An  intervening  creditor  who  became  such  by  assignment  after  petition  filed  not  to  be  ! 

counted  in  computing  requisite  number.  ! 

Stroheim  v.  Perry  and  Whitney  Co.  (C.  C.  A.  1st  Cir.).  23  Am.  B.  R.  695;  175  Fed.  | 

52;  aff'g  22  Am.  B.  R.  772.  j 


FORMS  IN  BANKRUPTCY.  49 

FORM  No.  18. 

ANSWER  or  AXLEGED   BANKRUPT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 
OP 


y  No. 


Alleged  Bankrupt. 


Now  comes   ,  of  ,  the  person 

against  whom  a  petition  for  adjudication  in  bankruptcy  has  been  filed  herein 
and  does  controvert  such  petition  and  file  the  following  answer: 

1.  Denies  that  he  is  insolvent  as  alleged  in  said  petition. 

2.  Denies  that  he  has  committed  an   act  of  bankruptcy   as   alleged   in 

paragraph  No of  the  petition,  but  on  the  contrary,  alleges  the  facts 

to  be  aB  follows: 


3.     Denies  that   ,   ,  and 

,  petitioning  creditors  herein,  have  provable 

claims  against  him  which  amount  in  the  aggregate  in  excess  of  the  value  of 

securities  held  by  them  to  $ ,  but  on  the  contrary,  alleges  the  facts 

to  be  aB  follows : 


Wherefore, avers  that  he  should  not  be  adjudged 

bankrupt  for  any  cause  in  said  petition  alleged,  and  prays  a  hearing  thereon 
and  that  the  petition  herein  be  dismissed  (with  costs). 


Alleged  Bankrupt. 


Attorney  for  Alleged  Bankrupt. 
("Verification.) 


60  FORMS  IN  BANKRUPTCY. 

NOTES. 

Sec.  18,  3.  c. 

Defense  of  Solvency.  Acme  Food  Co.  v.  Meier  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R. 
550;  153  Fed.  74;  82  C.  C.  A.  208. 

When  immaterial. 

In  re  Sully  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  123;  152  Fed.  619;  81  C.  C.  A  609. 
See  Lockman  v.  Lang,  132  Fed.  1 ;  65  C.  C.  A.  621.  Objection  to  jurisdiction  may  be 
taken  by  answer  as  well  as  demurrer. 

In  re  Taylor,  4  Am.  B.  R.  515 ;  102  Fed.  728. 

Answer  may  contain  any  available  defense  or  counterclaim. 

In  re  Paige,  3  Am.  B.  R.  679 ;  99  Fed.  538. 

Hill  V.  Levy,  3  Am.  B.  R.  374;  98  Fed.  94. 

Leidigh  Carriage  Co.  v.  Stengel,  2  Am.  B.  R.  383;  95  Fed.  637.  Bray  v.  Cobb,  1  Am. 
B.  R.  153;  91  Fed.  102. 

Claim  of,  "  Not  real  party  in  interest,"  Strellow  v.  Schloss,  (C.  C.  A.  3rd  Cir.),  19 
Am.  B.  R.  359;  156  Fed.  662;  84  C.  C.  A.  374,  rev'g  149  Fed.  907. 

"When  corporation  admits  inability  to  pay  debts  and  willingness  to  be  adjudged  bank- 
rupt, question  of  its  insolvency  is  immaterial. 

In  re  Duplex  Radiator  Co.,  15  Am.  B.  R.  324;  142  Fed.  906. 

If  answer  is  prolix  or  defective,  may  be  stricken  out.  or  amendment  allowed.  Bradley 
Timber  Co.  v.  White,  10  Am.  B.  R.  329;  121  Fed.  779,  aff'g  9  Am.  B.  R.  441. 

In  re  Coe,  1  Am.  B.  R.  504;  92  Fed.  333. 

In  re  Ogles,  1  Am.  B.  R.  671. 

Verification. — Must  be  verified. 

Attorney  may  verify  for  creditor  when  facts  are  within  his  knowledge  or  creditor  is  a 
non-resident. 

Respondent  entitled  to  file. 

And  not  concluded  by  finding  of  State  Court  which  appointed  a  receiver  upon  the 
ground  of  insolvency. 

In  re  Pickens  Mf'g  Co.,  20  Am.  B.  R.  202;  158  Fed.  894. 

Insanity  as  a  defense. 

In  re  Ward,  (D.  C.  K  Y.),  20  Am.  B.  R.  483. 


FORMS  IN  BANKRUPTCY.  61 


FORM  No.  19. 

ANSWER  OF  CREDITORS. 


TJnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


y     No. 


Now  comes  ,  of  ,  a  creditor 

of  the  above  named  alleged  bankrupt,  for  answer  to  the  petition  of 

,  praying  that be  adjudicated  a  bankrupt,  respectfully 

shows : 

1.  That  said  creditor, Company,  is  a  corporation  duly 

organized  under  and  by  virtue  of  the  laws  of  the  State  of , 

and  is  a  creditor  of  said ,  having  a  provable  claim  in  the 

sum  of  $ ,  all  of  which  is  unsecured. 

2.  On  information  and  belief,  said  creditor  denies  the  allegation  of  the 
petition  that  said  alleged  bankrupt  is  insolvent,  but  alleges  that  said  bankrupt 
is  solvent  and  has  assets  in  excess  of  liabilities,  enabling  him  to  pay  all  his 
debts  in  full. 

3.  Upon  information  and  belief,  denies  the  allegation  that  the  petitioner, 

,  is  a  creditor  of  said  alleged  bankrupt  or  that  he  has 

a  provable  claim  against  said  alleged  bankrupt,  which  amounts  in  the  aggre- 
gate in  excess  of  the  value  of  securities  held  by  him  to  five  hundred  dollars 
($500)  and  over,  and  denies  that  said  petitioner  is  a  creditor  of  said  alleged 

bankrupt  in  any  sum,  and  alleges  that  said  petitioner,  , 

is  indebted  to  said  alleged  bankrupt  in  the  sum  of dollars 

($....)  over  and  above  all  counter  claims. 

4.  Denies  any  knowledge  or  information  sufficient  to  form  a  belief  as  to 
the  allegations  of  the  petition  that  said  alleged  bankrupt  has  less  than  twelve 
creditors. 

5.  Denies  that  said  bankrupt  has  committed  an  act  of  bankruptcy  as 

alleged  in  the  petition,  or  that  said should  be  declared 

bankrupt  for  any  cause. 


"52  FORMS  IN  BANKRUPTCY. 

Wherefore,  he  prays  a  hearing  thereon,  and  that  the  petition  be  dismissed 
with  costs. 

• » 

Attorney  for  Creditor, 

Street, 

(Verification.) 

NOTES. 

Ans-wrer  by  Creditor. 

In  re.  Taylor  (C.  C.  A.  7th  Cir.),  4  Am.  B.  R.  515;  102  Fed.  738 ;  42  C.  C.  A.  1. 


FORM  No.  20. 

DEMAND  FOR  JURY  TRIAL. 


United  States  District  Court,  • 

for  the District  of 

In  Bankruptcy. 


Ik  the  Matter 

OF 


=.  No. 


Alleged  bankrupt. 


i,   ,  of   ,  in  said  district, 

the  alleged  bankrupt,  who  has  this  day  filed  an  answer  to  the  petition  filed 

on  the  day  of  ,  19. .,  by   , 

and ,  praying  for  an  adjudication  in 

involuntary  bankruptcy,  do  hereby  apply  for  and  demand  a  trial  by  jury  in 
respect  to  those  matters  concerning  which  I  am  entitled  thereto  by  the  pro- 
visions of  Section  19-a  of  the  Bankruptcy  Act. 

Dated ,  19... 


Alleged  Bankrupt. 
NOTES. 


Right  absolute  to  bankrupt  as  to  questions  specified.     Sections  18  and  19. 
Elliott  V.  Toeppuer,  9  Am.  B.  K.  50;  187  U.  S.  327;  47  L.  Ed.  200. 
Day  V.  Beck  and  Gregg  Hardware  Co..  8  Am.  B.  R.  175;  114  Fed.  834. 


FORMS  IN  BANKRUPTCY.  53 

Creditors  cannot  demand. 

InreHerzikoyf  (C.  C.  A.  9th  Cir.).  9  Am.  B.  R.  745;  121  Fed.  544;  57  C.  C.  A.  606. 

Issues  limited  to  insolvency  and  act  of  bankruptcy  charged  in  petition. 

Morss  V.  Frankliu  Coal  Co..  11  Am.  B.  R.  423;  125  Fed.  998. 

Day  V.  Beck,  etc.,  Co.,  8  Am.  B.  R.  175;  114  Fed.  834. 

In  re  Christensen,  4  Am.  B.  R.  99;  101  Fed.  802. 

Simonsoa  v.  Sinsheimer,  3  Am.  B.  R.  824 ;  100  Fed.  426.  Stephens  v.  Merchants' 
National  Bank  (C.  C.  A.  7th  Cir.),  18  Am.  B.  R.  560;  154  Fed.  341;  83  C.  C.  A.  119. 
In  re  Neasmith  (infra).  Schloss  v.  A.  Strellow  and  Co.  (C.  C.  A.  3rd  Cir.),  19  Am.  B.  R. 
359;  156  Fed.  662;  84  C.  C.  A.  374;  rev'g  17  Am.  B.  R.  881.  In  re  Harris,  19  Am.  B.  R. 
204;  155  Fed.  216. 

As  to  right  of  judge  to  submit  other  matters  to  jury. 

McNaughton  v.  Osgood,  114  N.  Y.  574. 
McChire  v.  Gibbs,  157  N.  Y.  413. 

Verdict  on  such  questions  advisory  only,  and  a  bill  of  exceptions,  if  taken,  is  of  no 
value  except  upon  a  motion  for  a  new  trial. 
In  re  Neasmith  (infra). 

As  to  whether  alleged  bankrupt  is  a  wage  earner  merely  advisory. 
Carpenter  v.  Cudd  (C.  C.  A.  4th  Cir.),  23  Am.  B.  R.  463;  174  Fed.  603. 

Burden  on  petitioners. 

McGowan  v.  Knittel  (C.  C.  A.  3rd  Cir.),  15  Am.  B.  R.  1 ;  137 Fed.  453;  69  C.  C.  A.  595. 

Time  limit  for  demand.     Waiver. 

In  re  Neasmith  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  128;  147  Fed.  160. 
Oil  Well  Supply  Co.  v.  Hall,  11  Am.  B.  R.  738;  128  Fed.  875. 
Bray  v.  Cobb,  1  Am.  B.  R.  153 ;  91  Fed.  102. 


FORM  No.  21. 

[Official] 

ORDER    FOR   JURY    TRIAL. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


At ,  in  said  District,  on  the day  of 

19... 


54  FORMS  IN  BANKRUPTCY. 

Upon  the  demand  in  writing  filed  by ,  alleged  to  be 

a  bankrupt,  that  the  fact  of  the  commission  by  him  of  an  act  of  bankruptcy, 
and  the  fact  of  his  insolvency  may  be  inquired  of  by  a  jury,  it  is  ordered,  that 
said  issue  be  submitted  to  a  jury. 


Clerk. 
Seal  of 
the  Court. 

NOTES. 
This  Order  not  used  in  many  jurisdictions  including  Southern  district  of  New  York. 


FORM  No.  22. 

NOTICE    OF    TRIAL    IN   INVOLUNTARY    PROCEEDING. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OP 


Alleged  Bankrupt. 


No. 


Please  take  notice  that  the  issues  raised  by  the  petition  and  answer  filed 
herein,  will  be  brought  on  for  a  trial  and  a  motion  will  be  made  for  judgment 
as  prayed  for  in  the  petition,  [or  to  dismiss  the  petition  herein],  at  a  term 

of  this  court,  to  be  held  in  and  for  the District , 

at  the  court  room,  in  the  United  States  Court  House,  in  the  City  of 

,  on  the  day  of  ,  19 .  . ,  at   

o'clock  in  the noon  of  that  day,  or  as  soon  thereafter  as  Counsel  can 

be  heard. 

Dated, , , ,  19... 

Yours,  etc. 


Attorneys  for  Petitioners, 
[or  alleged  Bankrupt.] 

Street, 

To  

Messrs 

Attorneys  for 


FORMS  IN  BANKRUPTCY.  55 

FORM  No.  23. 

[Official.] 
SPECIAL  VTARRANT   TO  MARSHAL. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


To  the  Marshal  of  said  District,  or  to  either  of  his  deputies,  greeting: 

Whereas  a  petition  for  adjudication  of  bankruptcy  was,  on  the 

day  of ,  A.  D.  19 .  . . ,  filed  against ,  of 

the  County  of ,  State  of   ,  in  said  district,  and 

said  petition  is  still  pending;  and  whereas  it  satisfactorily  appears  that  said 

has  committed  an  act  of  bankruptcy  [or  has  neglected 

or  is  neglecting,  or  is  about  to  so  neglect  his  property  that  it  has  thereby  de- 
teriorated or  is  thereby  deteriorating  or  is  about  thereby  to  deteriorate  in 
value],  you  are  therefore  authori;^cd  and  required  to  seize  and  take  possession 

of  all  the  estate,  real  and  personal,  of  said  ,  and  of  all  his 

deeds,  books  of  accounts,  and  papers,  and  to  hold  and  keep  the  same  safely 
subject  to  the  further  order  of  the  court. 

Witness  the  Honorable ,  Judge  of  the  said  court,  and 

the  seal  thereof,  at ,  in  said  district,  on  the 

of ,  A.  D.  19... 


j    Seal  of       ) 
I  the  Court,  j 


D.J. 


RETURN"  BY  MARSHAL  THEREON. 


By  virtue  of  the  within  warrant,  I  have  taken  possession  of  the  estate  of 

the  within-named   ,  and  of  all  his  deeds,  books  of 

account,  and  papers  which  have  come  to  my  knowledge. 


Marshal  [or  Deputy  Marshal]. 


66 


FORMS  IN  BANKRUPTCY. 

FEES  AND  EXPENSES. 


1.  Service  of  warrant 

2.  Necessary  travel,  at  the  rate  of  six  cents  a  mile  each  way. 


3.  Actual  expenses  in  custody  of  property  and  other  services,  as  follows. 


[Here  state  the  particulars.] 


Marshal  [or  Deputy  Marsha^. 
NOTES. 

Reference.     Sec.  69a. 

Cross-reference.     Sees.  2,  (3),  (15),  3-e,  38-a,  (3). 

General  Orders,  X.,  XIX. 

This  remedy  little  used  as  the  equivalent  remedies  of  a  receiver  and  injunction  are 
safer  and  accomplish  much  the  same  result. 

Compensation  of  marshal  when  he  has  taken  possession  of  property  under  this  section. 
Reasonable  fees. 

In  re  Adams  Sartorial  Co.,  4  Am.  B.  R.  107;  101  Fed.  215. 

In  discretion  of  court. 

In  re  Scott,  3  Am.  B.  R.  625. 


FORMS  IN  BANKRUPTCY.  67 

FORM  No.  24. 

[Official.] 

BOND  TO  MARSHAL  UPON  RELEASE  OF  PROPERTY  TO  BANKRUPT. 

Know  all  men  by  these  presents: 

That  we, ,  as  principal,  and , 

as  sureties,  are  held  and  firmly  bound  unto ,  marshal  of  the 

United  States  for  the District  of  ,  in  the 

full  and  just  sura  of dollars,  to  be  paid  to  the  said 

,  his  executors,  administrators,  or  assigns,  to  wiiich 

payment,  well  and  truly  to  be  made,  we  bind  ourselves  our  heirs,  executors, 
and  administrators,  jointly  and  severally,  by  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19. . . 

The  condition  of  this  obligation  is  such  that  whereas  a  petition  in  bank- 
ruptcy has  been  filed  in  the  district  court  of  the  United  States  for  the 

District  of ,  against  the  said , 

and  the  said  court  has  issued  a  warrant  to  the  marshal  of  the  United  States 

for  said  district,  directing  him  to  seize  and  hold  property  of  the  said 

,  subject  to  the  further  order  of  the  court,  and  the  said  property 

has  been  seized  by  said  marshal  as  directed,  and  the  said  district  court,  upon 
a  petition  of  said ,  has  ordered  the  said  property  to  be  re- 
leased to  him. 

Now,  therefore,  if  the  said  property  shall  be  released  according  to  the  said 

,  and  the  said    ,   being 

adjudged  a  bankrupt,  shall  turn  over  said  property  or  pay  the  value  thereof 
in  money  to  the  trustee,  then  the  above  obligation  to  be  void;  otherwise  to 
remain  in  full  force  and  virtue. 
Sealed  and  delivered  in  the 

presence  of  [seal.] 

[seal.] 

[seal.] 

Approved  this day  of ,  A.  D.  19 . . . 


District  Judge. 


FORM  No.  25. 

BOND   OF   PETITIONING    CREDITOR,   UPON    SEIZURE   BY   MARSHAL. 

Know  all  men  by  these  presents: 

That  we,  ,  as  principal,  and ,  as 

sureties,  are  held  and  firmly  bound  unto ,  in  the  full  and  just 

sum  of dollars  to  be  paid  to  the  said , 

executors,  administrators,  or  assigns,  to  which  payment,  well  and  truly  to 


58  FORMS  IN  BANKRUPTCY. 

be  made,  we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly 
and  severally,  by  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19.  . . 

The  condition  of  this  obligation  is  such  that  whereas  a  petition  in  bank- 
ruptcy has  been  filed  in  the  district  court  of  the  United  States  for  the 

District  of against  the  said , 

and  the  said   has  applied  to  that  court  for  a  warrant 

to  the  marshal  of  said  district  directing  him  to  seize  and  hold  the  property 

of  said ,  subject  to  the  further  orders  of  said  district 

court. 

Now,  therefore,  if  such  a  warrant  shall  issue  for  the  seizure  of  said  property, 

and  if  the  said shall  indemnify  the  said 

for  such  damages  as  he  shall  sustain  in  the  event  such  seizure  shall  prove 
to  have  been  wrongfully  obtained,  then  the  above  obligation  to  be  void ;  other- 
wise to  remain  in  full  force  and  virtue. 
Sealed  and  delivered  in 

presence  of  [seal.] 

[seal.] 

[seal.] 

Approved  this day  of ,  A.  D.  19. . . 


District  Judge. 
[Justification  of  sureties  may  be  added.] 


FORM  No.  26. 

PETITION  THAT  BOND  OF  PETITIONING  CREDITORS  BE  INCREASED. 

United  States  District  Court, 

for  the District  of ,. . ..,.: 

In  Bankruptcy. 


In  the  Matter 

OF 


^     No. 


Alleged  bankrupt. 


To  the  District  Court  of  the  United  States, 
for  the District  of  .  . . 


The  petition  of respectfully  shows ; 


FORMS  IN  BANKRUPTCY.  59 

1.  That  he  is  the  president  of  ,  a  corporation,  against 

which  a  petition  in  involuntary  bankruptcy  was  filed  herein  by 

,   and    on  the 

day  of ,19... 

2.  That  on  same  day,  upon  the  petition  of  said  creditors  and  the  filing 

of  a  cost  bond  by  said  creditors, was  appointed  temporary 

receiver  and  duly  qualified. 

3.  That  the  receiver  has  taken  possession  of  the  place  of  business  and  all 
the  assets  of  said Co. 

4.  That  on  the day  of ,  19 ... ,  the  said 

,  alleged  bankrupt,  appeared  and  filed  an  answer  in  this  pro- 
ceeding denying  its  insolvency,  denying  the  acts  of  bankruptcy  charged,  or 
that  it  should  be  adjudged  bankrupt  upon  any  ground. 

5.  That  the  bond  filed  by  the  petitioners  herein  for  $250  is  entirely  in- 
adequate for  the  following  reasons: 

(Here  show  value  of  assets,  loss  of  credit,  shrinkage  of  assets,  etc.,  due  to 
filing  of  petition.) 

6.  That  in  view  of  the  above  facts  and  conditions,  the 

Co.  should  be  adequately  secured  and  protected  against  the  action  of  the 
petitioning  creditors  in  the  appointment  of  a  receiver,  in  case  the  petition  is 
dismissed  and  adjudication  refused.  That  the  said  bond  of  the  petitioning 
creditors  should  be  increased  to  $ to  afford  such  protection. 

No  previous  application  has  been  made  for  the  relief  herein  prayed  for. 

Wherefore  your  petitioner  prays  that  an  order  be  entered  increasing  the 

amount  of  petitioners'  bond  to dollars,  and  in  default  thereof 

an  order  be  entered  discharging  the  receiver  and  directing  the  return  of  the 

property  now  held  by  said  receiver  to  the Co.,  the  alleged 

bankrupt. 


Petitioner. 
(Verification.) 


60  FOKM«  IN  BANKRUPTCY. 


FORM  No.  27. 

ORDER  DENTING  PETITION  TO  INCREASE  BOND. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of    ,  held  at 

the  Court  House,  City  of , 

on  the day  of , 

19... 

Present  : 

Hon.  , 

District  Judge. 


In  the  Matter 

OP 


Alleged  Bankrupt. 


>    No 


A  motion  having  been  made  herein  by ,  the  alleged 

bankrupt,  upon  petition  verified  the   day  of   , 

19.  . .,  that  the  petitioning  creditors'  bond  should  be  increased  to  $ , 

and  said  motion  having  come  on  for  hearing  before  this  court, 

Now  upon  reading  and  filing  the  said  petition  and  notice  of  motion,  and 

the  annexed  affidavit  of ,  duly  verified,  and  after  hearing 

of  counsel  for  the  bankrupt  in  support  of  the  motion,  and 

of  counsel  for  the  petitioning  creditors  in  opposition 

thereto,  and  upon  motion  of ,  attorneys  for  the  petitioning 

creditors,  and  due  deliberation  having  been  had,  it  is 

Ordered  that  the  motion  for  an  order  increasing  the  petitioning  creditors' 
bond  filed  in  this  court,  be  and  the  same  is  hereby  in  all  respects  denied. 


D.J. 


FORMS  IN  BANKRUPTCY.  61 

FORM  No.  28. 

ORDER  EXTENDING  TIME  TO  ANSWER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

Court  House,  City  of ,  on 

the day  of ,19... 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Alleged  Hankupt. 


Upon  the  notice  of  appearance  herein  of ,  an  opposing 

creditor,  on  all  the  proceedings  heretofore  had  herein,  and  on  motion  of 
,  attorneys  for ,  it  is  hereby 

Ordered  that  the  time  of to  plead  to  the  petition 

of to  have adjudged  an  invol- 
untary bankrupt,  be,  and  it  hereby  is  extended  to  and  including , 

19... 


District  Judge. 


69  FORMS  IN  BANKRUPTCY. 

FORM  No.  29. 

CONSENT  TO  WITHDRAW  ANSWER  AND  FOR  ADJUDICATION. 

fCnited  States  District  Court, 


for  the  District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


V    No. 


I  hereby  withdraw  the  answer  heretofore  filed  by  me  on  the 

day   ,  19. . .,  in  the  above  entitled  proceeding  on  behalf 

of ,  alleged  bankrupt,  (or  creditor,)  and  consent  that 

an  order  of  adjudication  in  bankruptcy  be  entered  herein  without  further 
notice. 


Dated 


,19... 


Attorney  for 


FORM  No.  30. 

ORDER  OF  ADJUDICATION  AND  REFERENCE. 

In  the  District  Court  of  the  United  States, 

for  the  District  of : 


In  the  Matter 

OF 


Bankrupt. 


In  Bankruptcy  No. . 


At ,  in  said  District,  on  the 


day  of 


FORMS  IN  BANKRUPTCY.  63 


,  A.  D.   19 .  . .  .,  before  the  Honorable 

Judge  of  the  said  Court  in  Bankruptcy,  the  petition  of  . . . 


that  he  be  adjudged  bankrupt,  within  the  true  intent  and  meaning  of  the 
Acts  of  Congress  relating  to  bankruptcy,  having  been  heard  and  duly  con- 
sidered, the  said   


hereby  declared  and  adjudged  bankrupt  accordingly. 

And  it  is  further  ordered  that  the  said  matter  be  referred  to 


one  of  the  referees  in  bankruptcy  of  this  Court,  to  take  all  such  further  pro- 
ceedings therein  as  are  required  by  said  Acts  of  Congress,  and  all  such  acts 
therein  as  the  Court  might  take  or  perform,  except  such  as  by  law  or  the  gen- 
eral orders  of  the  Supreme  Court  are  required  to  be  performed  by  the  Judge; 

and  that  the  said  bankrupt  shall  attend  before  said  referee  on  the 

day  of ,  19. . .,  at o'clock  .  . .  M.,  and  thenceforth 

shall  submit  to  such  orders  as  may  be  made  by  said  referee  or  by  the  Court 

relating  to said  bankruptcy. 

Witness,  the  Honorable  ,  Judge  of  the  said  Court, 

and  the  seal  thereof,  at  the  City  of  ,  in  said  District,  on  the 

day  of   ,  A.  D.  19.  . . 


District  Judge. 
Cleric. 

NOTES. 


Adjudication.     Sec.  18- e,  f  and  g. 

In  involuntary  cases,  wlicn  proper  service  has  been  made  upon  alleged  bankrupt  and 
there  is  no  appearance  by  him  or  any  of  his  creditors,  court  must  either  adjudicate  or  dis- 
miss the  proceeding. 

In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 

Death  of  alleged  bankrupt  after  the  filing  of  an  involuntary  petition  but  prior  to 
service  does  not  abate  the  proceeding. 

Shute  V.  Patterson  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  99;  147  Fed.  509;  78  C.  C.  A.  75. 

Adjudication  of  partnership  after  death  of  partner. 

In  re  Coe,  19  Am.  B.  R.  618 ;  157  Fed.  308. 

Subsequent  insanity  does  not  abate  proceeding. 

In  re  Kehler  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  513;  159  Fed.  55;  86  C.  C.  A.  245. 

When  judge  is  absent  from  district,  clerk  must  "forthwith  refer  the  Ceiae  to 
the  referee." 

In  re  Polakoflf,  1  Am.  B.  R.  358. 

Judge  in  absence  of  personal  objection  may  refer  a  proceeding  to  any  referee  within 
the  district  to  subserve  the  convenience  of  the  parties. 


64  FORMS  IN  BANKRUPTCY. 

In  re  "Western  Investment  Co.,  170  Fed.  677. 

Effect  of.     Neustader  et  al.  v.  The  Chicago  Dry  Goods  Co.,  3  Am.  B.  R.  96. 

In  re  Billing  (supra). 

In  re  Am.  Brewing  Co.,  7  Am.  B.  R.  471 ;  113  Fed.  752. 

Confers  jurisdiction  complete  and  exclusive  both  in  rem  and  in  personam. 

Carter  v.  Hobbs,  1  Am.  B.  R.  215;  92  Fed.  594. 

Manson  v.  Williams  (C.  C.  A.  1st  Cir.),  18  Am.  B.  R.  674;  153  Fed.  525;  82  C.  C.  A. 
475;  aff'g  s.  c.  17  Am.  B.  R.  826. 

In  re  1st  Nat.  Bank  of  Belle  Fourche  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  266;  152  Fed. 
64;  81  C.  C.  A.  260. 

See  on  effect.  Watson  v.  Merrill  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  453;  136  Fed.  359; 
69  C.  C.  A.  185. 

Corporation  not  dissolved  by  adjudication. 

Nat.  Surety  Co.  v.  Medlock,  19  Am.  B.  R.  654;  2  Ga.  App.  665. 

Bankrupt  not  to  be  regarded  as  civilly  dead  from  adjudication  to  appointment  of  trustee. 

Plant  V.  Gorham  Mf  g   Co.  (D.  C.  N.  Y.),  174  Fed.  852. 

The  issue  as  to  whether  a  corporation  is  amenable  to  the  Act  is  not  jurisdictional  and 
is  concluded  by  the  adjudication. 

In  re  1st  Nat.  Bank  of  Belle  Fourche  (supra). 

Adjudication  cannot  be  attacked  for  first  time  on  discharge  by  a  creditor  who  had 
proceeded  thus  far  under  it. 

In  re  Polakoff  ($upra). 

In  re  Mason,  3  Am.  B.  R.  599  (and  foot  note),  99  Fed.  256. 

No  collateral  attack. 

Edelstein  v.  U.  S.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  649;  149  Fed.  636;  79  C.  C.  A.  328. 

Huttig  Mfg.  Co.  V.  Edwards  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  349;  160  Fed.  619;  87 
C.  C.  A.  521. 

Dempster  v.  Waters-Pierce  Oil  Co.  (In  re  Dempster)  (C.  C.  A.  8th  Cir.),  22  Am.  B.  R. 
751 ;  172  Fed.  353. 

In  re  Walrath,  175  Fed.  243. 

If  adjudication  is  of  the  partnership  firm  only,  the  discharge  following  is  only  of  firm 
debts. 

In  re  Hale,  6  Am.  B.  R.  35;  107  Fed.  432. 

Dodge  v.  Kaufman,  15  Am.  B.  R.  542;  46  N.  Y.  Misc.  248. 

See,  In  re  Bertenshaw  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  577;  157  Fed.  363;  85  C.  C. 
A.  61, 

In  re  McMurtrey  and  Smith,  15  Am.  B.  R.  427;  142  Fed.  853. 

Effect  of  individual  adjudication  on  firm  liabilities. 
In  re  Meyers,  3  Am.  B.  R.  200;  97  Fed.  753. 
In  re  Morrison,  11  Am.  B.  R.  498;  127  Fed.  186. 
Comp.  In  re  Feigenbaum,  7  Am.  B.  R.  339. 
In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 
Jarecki  Mf'g  Co.  v.  McElwaine,  5  Am.  B.  R.  751. 
In  re  Kaufman,  14  Am.  B.  R.  393;  136  Fed.  262. 
Loomis  V.  Wallblom,  13  Am.  B.  R.  687 ;  94  Minn.  893. 
See,  In  re  McFaun,  3  Am.  B.  R.  66 ;  96  Fed.  592. 
Where  there  was  no  notice  to  firm  creditors. 

When  not  res-adjudicata. 

In  re  Letson  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  508;  157  Fed.  78;  84  C.  C.  A.  6W. 
Hussey  v.  Richardson-Roberts  Dry  Goods  Co.  (C.  C.  A.  8th  Cir.),  17  Am,  B.  R.  618; 
148  Fed.  598;  78  C.  C.  A.  370. 

As  to  petitioning  creditor's  claim. 


FORMS    IX  UANKKUPTCY.  65 

In  re  Harper  (D.  C.  N.  Y.).  IT.")  lel.  412. 

If  an  adjudication  13  supported  by  a  sufficient  allegation  and  proof  of  an  act  of  bank- 
ruptcy, it  cannot  be  set  aside  on  appeal  because  other  acta  alleged  were  neither  properly 
pleaded  nor  sufficiently  proved. 

In  re  Lynan  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  466;  127  Fed.  123;  62  C.  C.  A.  123. 

Bankruptcy  court  may  adjudicate  a  corporation  even  though  its  property  is  in  posses- 
sion of  receivers  appointed  in  a  State  Court. 

In  re  C.  Moeuch  and  Sons  (C.  C.  A.  2nd  Cir.),  12  Am.  B.  R.  240;  130  Fed.  685;  66  C. 
C.  A.  37. 

Proceedings  under  State  Act  for  the  sale  of  the  assets  of  an  insolvent  corporation  under 
writ  of  fieri  facias  does  not  work  a  dissolution  of  the  corporation  so  as  to  defeat  the  juris- 
diction of  a  court  of  bankruptcy  to  adjudge  it  a  bankrupt. 

Cresson  and  Cleartield  Coal  and  Coke  Co.  v.  Stauffer  (C.  C.  A.  3rd  Cir.),  17  Am.  B.  R 
573;  148  Fed.  981;  78  C.  C.  A.  609. 


FORM  No.  31. 

ORDER  DENYING  ADJUDICATION. 

United  States  District  Court, 

for  the  District  of a..  •:.  5 

In  Bankruptcy. 


In  the  Matter 

OF 


^No. 


Alleged  Bankrupt. 


At ,  in  said  District,  on day  of , 

A.  D.  19 . .,  before  the  Honorable ,  Judge  of  the 

District  of  

This  cause  came  on  to  be  heard  at  ,  in  said  court,  upon 

the  petition  of and  and 

,  that be  adjudged  a  bankrupt  within 

the  true  intent  and  meaning  of  the  Acts  of  Congress  relating  to  bankruptcy, 
and  (here  state  the  proceeding,  whether  there  was  no  opposition,  or  if  opposed, 
state  what  proceedings  were  had). 

And  thereupon,  and  upon  consideration  of  the  proofs  in  said  cause  (and 
the  arguments  of  counsel  thereon,  if  any),  it  was  found  that  the  facts  set 
forth  in  said  petition  were  not  proved;  and  it  is  therefore  adjudged  that 
said is  not  a  bankrupt,  and  that  said  petition  be  dis- 
missed, with  costs. 


66  FORMS  IN  BANKRUPTCY. 

Witness,  the  Honorable ,  Judge  of  said  court,  and  the 

seal  thereof,  at  ,  in  said  District,  on  the  

day  of ,  A.  D.  19... 


District  Judge. 
(     Seal  of     ) 
I  the  Court.  J 

NOTES. 

Neustadter  v.  Chicago  Dry  Goods  Co.,  3  Am.  B.  R.  96  ;  96  Fed.  830. 


FORM  No.  32. 

ORDER  DISMISSING  PETITION,  VACATING  RECEIVERSHIP  AND  NO- 
TICE OF  SETTLEMENT. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

the  United  States  Court  House,   City  of 
,  on  the   day  of 

,19... 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 
OF 


Alleged  J^ankrupt. 


y  No. 


The  issues  raised  by  the  petition  and  answer  in  above  entitled  proceeding 

having  been  duly  noticed  for  trial  for ,  19 .  . . ,  by 

,  an  answering  creditor   (or  alleged  bankrupt)    herein,  and 

the  same  having  duly  appeared  upon  the  calendar  of  this  court  for  trial  on 
said  date,  and  duly  called  for  trial,  and  the  petitioning  creditors  having  de- 
faulted thereon. 

Now  on  motion  of  ,  attorneys  for  , 

answering  creditor  (or  alleged  bankrupt). 


FORMS  IN  BANKRUPTCY. 


67 


It  is  ordered  that  the  petition  herein  be  and  the  same  hereby  is  dismissed 

(and  the  order  herein,  appointing  ,  as  temporary  receiver 

be,  and  the  same  hereby  is  vacated)    (and  the  order  of  this  court  dated 

,  19. . .,  restraining  creditors  be  and  the  same  hereby  is 

vacated). 


D.  J. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


V    No. 


Sirs: 

Please  take  notice  that  we  will  present  the  annexed  proposed  order  for 

settlement  to  the  Hon ,  at  his  Chambers  at  the  U.  S.  Court 

House,  City  of ,  on  the day  of , 

19.  . .,  at o'clock  in  the noon. 

Yours,  etc., 


Atty.  for  Creditors,  (or  bankrupt,) 
Street, 


To 


,  Esq., 

Atty.  for  petitioning  creditors. 

,  Esq., 

Temporary  Receiver. 


68 


FORMS  IN  BANKRUPTCY. 


FORM  No.  33. 

ORDER  REFERRING  ISSUES  TO  SPECIAL  MASTER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of  ,  held  at  the 

United  States  Court  House,  City  of 

,  on  the  

of  ,19... 


Present  : 
Hon. 


District  Judge. 


In  thb  Matter 

OF 


Alleged  Bankxupt 


V    No- 


A  petition  having  been  filed  herein  on  the day  of , 

19 ... ,  by  ,  and  others  praying  that  

be  adjudged  an  involuntary  bankrupt  and   ,  the  alleged 

bankrupt,  (or  a  creditor  herein,)  having  appeared  and  filed  an  answer  to  said 
petition  and  said  proceeding  having  been  duly  noticed  for  trial  (and  the 
same  having  appeared  upon  the  calendar  of  this  court). 

Now  upon  motion  of ,  attorney  for , 

it  is 

Ordered  that  the  issues  raised  by  the  petition  and  answer  in  the  above  en- 
titled proceeding  be  and  hereby  are  referred  to ,  Esq.,  as 

Special  Master  for  examination,  testimony  and  report. 


B.  J. 


NOTES. 

Issues  raised  by  petition  and  answer  may  be  referred  to  special  master. 

In  re  Lacov  (C.  C.  A.  2nd.  Cir.),  13  Am.  B.  R.  400;  134  Fed.  237;  67  C.  C.  A.19. 


FORMS  IN  BANKRUPTCY. 


09 


FORM  No.  34. 

NOTICE   OF  HEARING  BEFORE  SPECIAL  MASTER. 

TJnited  States  District  Court, 

for  the  District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


^No. 


Alleged  bankrupt. 


Notice  of  hearing. 


Sir: 

Please  to  take  notice,  that  a  hearing  under  the  order  of  reference  en- 
tered on  ,  in  the  above  entitled  proceeding  will  be  brought 

on  before  ,  Esq.,  as  Special  Master,  at  his  office,  No. 

Street,  City  of ,  on  the day 

of ,  19 .  . . ,  at o*clock M.  of  that  day,  or  soon 

thereafter  as  counsel  can  be  heard. 

Dated  the day  of ,  19 . . . 

Yours,  etc., 

? 

Attorney  for , 


To 


Attorney  for 


,,  Esq., 


70  FORMS  IN  BANKRUPTCY. 


FORM  No.  35. 

ORDER  UPON  REPORT  OF  SPECIAL  MASTER  DISMISSING  PETITION, 

ETC. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

United  States  Court  House,  City  of 

,  on  the  day 

of  ,  19... 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 
OP 


Alleged  Bankrupt. 


V     No. 


A  motion  having  been  made  herein  by   for  an  order 

confirming  the  report  of ,  Esq.,  Special  Master,  appointed 

herein  under  an  order  dated ,  19.  . .,  and  dismissing  the  peti- 
tion in  bankruptcy  heretofore  filed  herein  with  costs  and  for  an  order  vacating 

and  discharging  the  order  of ,  19.  .,  appointing  a  temporary 

receiver  herein  and  for  other  and  further  relief,  and  the  said  motion  having 
duly  come  on  for  argument,  now  on  the  involuntary  petition  in  bankruptcy 

filed  herein 19, . . .  by , 

and ,  creditors,  the  answers  filed  thereto  by  , 

a  creditor,  and  by the  alleged  bankrupt,  the  order  of 

this  court  dated ,  19. .,  appointing ,  re- 
ceiver of  the  estate  of  said  alleged  bankrupt,  the  order  of  reference  herein 
dated ,  19. . .,  and  the  report  of  said  Special  Master  dated 

,  19. . .,  and  notice  of  this  motion  with  proof  of  due  service 

thereof,  and  the  report  and  petition  of  said   ,  verified 

,  19.  . .,  for  an  allowance  for  his  services  and  disbursements 

to  be  paid  by  the  petitioning  creditors,  and  for  his  discharge  as  such  receiver, 

and  for  further  relief,  and  the  petition  of  ,  attorney  for 

said   receiver,  verified    ,    19...,   for  an    allowance   for  his 

services  and  disbursements  as  attorney  for  said  receiver,  and  on  all  the  pro- 
ceedings had  herein,  after  hearing ,  Esq.,  of  counsel  for 


FORMS  IN  BANKRUPTCY. 


:i 


,  alleged  bankrupt  herein, ,  Esq., 

attorney  for  the  petitioning  creditors  herein,  and Esq.,  attorney 

for  the  receiver  herein,  and  due  deliberation  having  been  had,  it  is 

Ordered,  that  the  report  of  said  Special  ]\Iaster  herein  be  and  hereby  is 
in  all  respects  confirmed  and  that  the  petition   in  bankruptc}'   filed  herein 

,  19 ... ,  praying  that  said be  adjudged 

an  involuntary  bankrupt  be  and  the  same  hereby  is  dismissed  with  $ 

costs  and  disbursements,  as  taxed,  which  said  sum,  ,  

and    are  hereby  directed  to  pay  to  the 

said ,  alleged  bankrupt,  and  it  is  further 

Ordered  that  the  matters  of  the  said  report,  application  and  petition  of 

Esq.,  temporary  receiver  herein,  and  the  petition  of 

his  said  attorneys  filed  herein ,  19. . .,  be  and  the  same  hereby 

are  referred  to   ,  Esq.,  as  Special  Master  for  examination, 

testimony  and  report  thereon  with  all  convenient  speed. 


D.  J. 


FORM  No.  36. 

ORDER   THAT   BANKRUPT   FILE   SCHEDULES. 

At  a  stated  term  of  the  United  States 

District   Court   for  the    

District  of    ,  held   at  tlie 

United  States  Court  House,  City  of 

,  on  the  day 

of ,  19... 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 
OF 


y  No. 


Bankrupt. 


A  motion  having  been  made  to  punish  the  above  named  bankrupt  for  con- 
tempt for  failure  to  file  schedules  herein,  and  said  motion  having  come  on 
for  a  hearing  before  this  court, 


73  FORMS  IN  BANKRUPTCY. 

Now,  upon  reading  and  filing  the  notice  of  motion  to  punish  the  above 

named  bankrupt  for  contempt,  and  the  petition  of ,  annexed 

thereto;  and 

After  hearing ,  of  counsel  for  the  petitioning  creditors, 

in  support  of  said  motion,  and ,  attorney  for 

,  the  bankrupt  herein,  it  is 

Ordered  that  be  and  he  hereby  is  directed  to  file  his 

schedules  herein  on  or  before  the day  of 19.  . ., 

and  that  upon  his  failure  to  file  such  schedules  on  or  before  said  day,  it  is 

Ordered  and  decreed  that  the  said be  adjudged  in  con- 
tempt of  court. 


D.J. 


FORM  No.  37. 

AFFIDAVIT    TO    LIST    OF    CREDITOBS    PREPARED    BY    PETITIONING 

CREDITORS. 

United  States  District  Court, 

for  the  District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


y    No. 


County  of ] 

, District  of ,         V  ss. : 

State  of  


, and of 

,  being  severally  duly  sworn,  depose  and  say  that  they  are 

the  petitioning  creditors  in  this  proceeding;  that  the  said » 

the  bankrupt,  is  absent  from  the  said  district  and  cannot  be  found ;  that  your 
petitioners  have  made  diligent  inquiry  into  his  affairs  for  the  purpose  of 
ascertaining  the  names  and  places  of  residence  of  all  of  his  creditors,  and 


FORMS  IN  BANKRUPTCY.  73 

according  to  the  best  of  their  information,  such  names  and  places  of  residence 
are  as  set  out  in  the  above  schedule. 


Subscribed  and  sworn  to  before  me,  this day  of ,  19 .  . 


FORM  No.  38. 

ORDER  DISMISSING  INVOLUNTARY  PROCEEDINGS  BY  CONSENT. 

At  a  stated  term  of  the  United  States 

District   Court  for   the    

District  of    ,  held  at  the 

"United  States  Court  House,  City  of 

,  on  the   day  of 

,19... 

Present  : 

Hon , 

District  Judge. 


In  thk  Matter 

OP 


Alleged  Bankrupt. 


No. 


Upon  reading  and  filing  the  annexed  consents  of  the  creditors  herein,  the 

affidavit  of ,  the  alleged  bankrupt,  duly  verified,  and  the 

consents  of  the  receiver,  and  the  attorneys  for  the  petitioning  creditors  and 
receiver,  and  it  appearing  to  the  satisfaction  of  the  court  that  all  the  creditors 
of  the  above  named  alleged  bankrupt  have  signed  said  annexed  consent,  and 

due  notice  having  been  given,  it  is,  on  motion  of ,  attorneys 

for  the  above  named  alleged  bankrupt, 

Ordered,  that  the  petition  in  involuntary  bankruptcy  filed  herein  on  the 

day  of  ,  19 ... ,  against  the  above  named 

,  be  and  the  same  hereby  is  dismissed,  without  costs ; 

and  it  is  further 

Ordered,  that ,  temporary  receiver,  turn  over  to  the  said 

,  the  alleged  bankrupt,  all  the  property,  assets  and 


74:  FORMS  IN  BANKRUPTCY. 

effects  now  in  his  possession,  and  that  upon  the  delivery  of  said  property  and 

assets  to  the  said ,  the  said is  hereby 

discharged  of  his  trust  and  his  bond  cancelled  and  discharged. 


D.J. 
NOTES. 


Order  dismissing  Petition. — Notice  to  Creditors. 

Iq  re  Lederer  (D.  C.  N.  Y.),  10  Am.  B.  R.  492;  125  Fed.  96. 
In  re  Ryan,  7  Am.  B.  R.  562;  114  Fed.  373. 

In  re  Plymouth  Cordage  Co.,  et  al.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  665;  135  Fed. 
1000;  68  C.  C.  A.  434. 

[See  Amendments  of  1910,  Sec.  59  (g)  as  amended  with  stringent  pro 
visions  as  to  notice.] 

Cost  to  alleged  bankrupt. 

The  alleged  bankrupt  should  file  his  bill  of  costs  with  the  clerk  and  serve  notice  of 
taxation. 

In  re  Haesler-Kohlhoff  Carbon  Co.,  14  Am.  B.  R.  381;  135  Fed.  867.  No  allowance 
to  counsel  or  damages. 

In  re  Ghiglione,  1  Am.  B.  R.  580;  93  Fed.  186. 

Costs. 

"When  petition  is  dismissed  for  lack  of  jurisdiction. 

See  In  re  Philadelphia  and  Lewes  Transportation  Co.  (D.  C.  Pa.),  11  Am.  B.  R.  444; 
127  Fed.  896. 

In  re  Williams  (D.  C.  Ark.),  9  Am.  B.  R.  736;  120  Fed.  34. 


FOiiMS  IN  BANKRUPTCY.  75 

FORM  No.  39. 

PETITION   TO   VACATE   ADJUDICATION, 

United  States  District  Court, 

for  the   District  of .....: 

In  Bankruptcy. 


In  the  Matter 

OF 


JBankrupt. 


L  No. 


To  the  District  Court  of  the  United  States, 

for  the   District  of : 

The  petition  of respectfully  shows  and  alleges : 

First.     That  he  resides  in  the  City  of ,  State  of 

Second.     That  your  petitioner  is  a  creditor  of  said  alleged  bankrupt  and 
his  claim  is  based  upon  the  following  facts:  ;     . 


Third.     That  heretofore  and  on  or  about  the day  of 

,  19.  . .,  your  petitioner  instituted  an  action  in  the 

Court   of    County   against  the   above   named    , 

alleged  bankrupt,  as  defendant.  That  said  action  was  brought  to  recover  the 
sum  $ ,  and  on  the day  of ,  19 ... ,  a  judg- 
ment was  rendered  in  said  action  in  favor  of  petitioner. 

Fourth.     That  an  execution  upon  the  said  judgment  was  duly  issued  to 

the  Sheriff  of    County,  the  said  judgment  having  been  duly 

docketed  in  the  office  of  the  Clerk  of County.  That  said  execu- 
tion was  duly  levied  upon  the  real  property  of  the  said  defendant. 

Fifth.  That  on  ,  19...,  a  petition  in  involuntary  bank- 
ruptcy was  filed  in  this  court  against  the  above  named   , 

and  a  receiver  appointed.    That  thereafter  an  alleged  adjudication  was  made 

therein  in  which  the  said   was  declared  a  bankrupt.     The 

said  receiver  has  made  a  demand  upon  the  Sheriff  to  deliver  over  to  him  all 

the  property  of  heretofore  levied  upon  under  the  execution 

obtained  by  petitioner  upon  his  said  judgment. 

Sixth.  That  your  petitioner  is  informed  and  verily  believes  that  the 
aforesaid  petition  in  bankruptcy  filed  herein  did  not  set  forth  the  jurisdic- 
tional facts  required  under  the  Bankruptcy  Act,  and  is  defective  and  void. 


76  FORMS  IN  BANKRUPTCY. 

and  insufficient  to  confer  jurisdiction  upon  the  court  to  proceed  therein.  That 
the  said  petition  and  subpoena  required  to  be  served  upon  the  alleged  bank- 
rupt by  law,  were  never  in  fact  properly  served  upon  the  said  bankrupt,  as 
required  by  law  to  obtain  jurisdiction  over  tke  said  bankrupt,  and  that  the 

purported  service  of  the  same  upon  the  said was  illegal  and 

void,  in  that  said  petition  and  subpoena  were  alleged  to  have  been  served  out- 
side of  this  district,  and  not  upon  the  alleged  bankrupt  personally.  That 
the  alleged  bankrupt  had  absconded  and  left  the  jurisdiction.  That  this 
court  never  in  fact,  acquired  any  jurisdiction  whatever  in  the  said  bankruptcy 
proceeding,  and  the  alleged  adjudication  was  for  that  reason  without  jurisdic- 
tion and  void. 

Your  petitioner  therefore  prays  that  an  order  be  granted  herein,  vacating 
and  setting  aside  the  alleged  adjudication  in  bankruptcy  herein,  vacating  the 
appointment  of  the  receiver  herein  and  all  proceedings  heretofore  had,  and 
dismissing  the  petition  heretofore  filed  herein. 

That  no  previous  application  for  this  order  has  been  made. 

Dated   ,  ,  19... 


Petitioner. 

(Verification.) 

NOTES. 

Moving  party  must  be  a  creditor  with  provable  claim. 

In  re  Columbia  Real  Estate  Co.,  4  Am.  B.  R.  411 ;  101  Fed.  965. 

Motion  to  vacate  an  adjudication  in  voluntary  proceedings  on  ground  of  lack  of 
jurisdiction  as  to  residence  denied  for  laches.  In  re  Urban  &  Suburban  Co.  (D.  C.  N.  J.), 
12  Am.  B.  R.  687;  133  Fed.  140. 

In  re  Tully  (D.  C.  N.  Y. ).  19  Am.  B.  R.  604;  156  Fed.  634. 

In  re  Niagara  Contracting  Co.  (D.  C.  N.  Y.).  11  Am.  B.  R.  643;  127  Fed.  782. 

Granted  when  at  date  of  the  filing  of  the  petition  there  was  no  existing  provable 
debt. 

In  re  Yates  (D.  C.  Cal.),  8  Am.  B.  R.  69;  114  Fed.  365. 

See.  In  re  Ives  (C.  C.  A.  6th  Cir.),  7  Am.  B.  R.  692;  113  Fed.  911;  51  C.  C.  A.  541. 

An  adjudication  warranted  by  proof  of  an  act  of  bankruptcy  sufficiently  alleged  may 
not  be  set  aside  because  other  alleged  acts  of  bankruptcy  were  not  properly  pleaded  and 
proved. 

In  re  Lynan  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  466;  127  Fed.  123;  62  C.  C.  A.  123. 

Adjudication  is  res  adjudicata  upon  motion  to  vacate,  where  creditor  has  assented  by 
proving  his  claim. 

In  re  Hintze  (D.  C.  Mass.).  13  Am.  B.  R.  721 ;  134  Fed.  141. 

Petition  to  vacate  granted. 

Altoinvood  Park  Co.  v.  Gioynne  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  31;  160  Fed.  448; 
87  C.  C.  A.  409. 

Entire  want  of  jurisdiction  over  the  res  may  be  taken  advantage  of  at  any  time;  over 
the  person  must  be  taken  promptly. 

In  re  IVIason.  3  Am.  B.  R.  599 ;  99  Fed  256. 


FORMS  IN  BANKRUPTCY.  77 

FORM  No.  40. 

NOTICE  OF  MOTION  TO  VACATE  ADJUDICATION. 

United  States  District  Court, 

for  the   District  of  : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V  No. 


Sirs: 

Please  take  notice  that  upon  the  annexed  petition  of , 

duly  verified  the day  of ,  19. . .,  and  upon  all  the 

pleadings  and  proceedings  heretofore  had  herein,  the  undersigned  will  move 
this  court  at  a  term  thereof,  to  be  held  in  the  United  States  Court  House  at 

,  on  the  day  of ,  19 ... ,  at 

o'clock  in  the noon  of  that  day  or  as  soon  thereafter  as  counsel  can  be 

heard,  for  an  order  vacating  and  setting  aside  the  alleged  adjudication  in 
bankruptcy  herein,  and  all  proceedings  thereon,  and  dismissing  the  petition 
heretofore  filed  herein,  and  for  such  other  and  further  relief  as  to  the  court 
may  seem  just  and  proper  in  the  premises. 

Dated , ,19... 

Yours,  &c., 

Attorney  for  petitioner, 
Office  and  Post  Office  Address, 
Street, 

To 

,  Esq., 

Attorney  for  petitioning  creditors. 
To 

,  Esq., 

Attorney  for  creditors. 


78  FORMS  IN  BANKRUPTCY. 

FORM  No.  41. 

PETITION  FOR   SERVICE   BT   PUBLICAXIOIT. 

United  States  District  Court 

District  of , 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


V    No. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 
District  of : 

The  petition   of   Messrs ,   respectfully   shows 

to  this  court  and  alleges: 

1.  That  your  petitioners  are  the  attorneys  for  the  petitioning  creditors 
herein.  That  a  petition  in  bankruptcy  was  duly  filed  and  an  application  for 
the  appointment  of  a  receiver  was  made,  which  application  was  granted,  and 
the  receiver  is  now  in  possession  of  assets  of  the  above-named  alleged  bankrupt. 

2.  A  subpoena  was  issued  to  the  marshal  and  a  return  thereto  was  made, 
and  the  marshal  returned  that  he  was  unable  to  serve  the  alleged  bankrupt 
personally  as  he  was  without  the  jurisdiction  of  this  court. 

3.  That  the  above-named  alleged  bankrupt    (is  a  corporation  organized 

under  the  laws  of  the  State  of  )   resides,  (or  has  its 

principal  office  and  place  of  business)  at  No ,  City  of 

4.  Your  petitioners  further  allege  that  the  above-named  alleged  bankrupt 
has  not  designated  a  person  upon  whom  process  might  be  served  in  the  State 
of  

5.  Your  petitioners  further  allege  that  the  alleged  bankrupt  is  without  the 
jurisdiction  of  this  court  and  has  absconded.  That  by  reason  thereof,  per- 
sonal service  of  the  subpoena  herein  upon  the  alleged  bankrupt  is  impossible. 

Wherefore,  your  petitioners  pray  that  an  order  may  be  made  herein  permit- 
ting service  by  publication  upon  the  above  named  alleged  bankrupt. 
And  your  petitioners  will  ever  pray. 
Dated,   ,   ,   ,19... 


Fetxixoner. 
(Verification.) 


FORMS  IN  BANKRUPTCY.  79 

FORM  No.  42. 

ORDER  OF  PUBLICATION. 


United  States  District  Court. 

District  of  .  . . 

In  Bankruptcy. 

In  the  Matter 

OF 


Alleged  bankrupt. 


^No. 


It  appearing  to  my  satisfaction  by  the  petition  of , 

verified  the    day  of   ,  19.  .,  that  a  petition  was  filed 

in  this  court  on  the   day  of   ,  19.  .,  praying  that  the 

above  named be  adjudged  a  bankrupt  and  that  a 

subpoena  directed  to  said  alleged  bankrupt  was  duly  issued  out  of  this  court 
to  the  marshal  of  this  district  and  that  the  said  marshal  has  been  unable  to 
serve  the  same,  and  that  said  alleged  bankrupt  is  not  now  within  this  dis- 
trict so  that  personal  service  may  be  made  upon  him,  and  that  diligent  efforts 
have  since  been  made  to  ascertain  the  whereabouts  of  the  said  alleged  bank- 
rupt, but  that  he  is  not  now  within  the  jurisdiction  of  this  court,  it  is 

Now,  on  motion  of ,  Esq.,  attorney  for  the  petition- 
ing creditors. 

Ordered  that  the  above  named  alleged  bankrupt  plead,  answer  or  demur 

on  or  before  the  day  of  ,  19. .,  to  the  petition  herein 

filed  in  the  office  of  the  clerk  of  this  court,  on  the day  of , 

19.  .  :  and  in  case  of  his  failure  to  plead  answer  or  demur  thereto,  adjudica- 
tion shall  be  made  according  to  the  prayer  of  said  petition. 

And  it  is  further  ordered  that  this  order  be  published  in  the 

once  a  week  for  two  successive  weeks,  said  publication  to 

commence  not  later  than  the day  of ,  19.  .,  and  that  a 

copy  of  this  order  be  mailed  to  the  said  alleged  bankrupt  at  his  last  known 

residence  (or  place  of  business)  No , ,  in  the  City  of 

,  on  or  before  the  date  of  the  first  publication. 

Dated, , , ,  19... 

D.J. 


80  FORMS  IN  BANKRUPTCY. 

FORM  No.  43. 

PETITION  TO  AMEND  PETITION. 

TJnited  States  District  Court, 

for  the   District  of : 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


y   No. 


To  the  District  Court  of  the  United  States, 
for  the   District  of  . 


The  petition  of  ,  and 

respectfully  shows  and  alleges: 

1.  That  they  are  the  petitioning  creditors  herein. 

2.  That  on  the day  of ,  19. . .,  your  petitioners 

duly  filed  in  this  court,  a  petition  that  the  above  named be 

adjudged  an  involuntary  bankrupt  and  the  alleged  bankrupt's  time  to  appear 
in  said  proceeding  has  not  yet  expired. 

3.  That  through  inadvertence,  the  following  allegations  were  omitted  in 
the paragraph  of  said  petition  in  bankruptcy : 


4.  That  by  reason  of  petitioners'  ignorance  of  the  true  facts  at  the  time 
the  said  petition  in  bankruptcy  was  verified  and  filed  the  following  act  of 

bankruptcy  on  the  part  of  the  said was  not  alleged  nor  set 

forth  correctly  in  said  petition :    

That  said  facts  have   come  to  petitioner's   knowledge  from   the   following 
sources :    

5.  That  no  previous  application  has  been  made  for  an  order  herein. 
Wherefore,  petitioners  pray  that  the  petition  in  bankruptcy  filed  herein  on 

the   day  of    ,   19 ... ,  be  amended  nunc  'pro 

tunc  by  supplying  and  adding  the  following  allegation  to  paragraph 

of  said  petition :     " 


FORMS  IN  BANKRUPTCY.  81 


and  further  amended  by  adding  and  incorporating  therein,  with  the  same  force 
and  effect  as  if  originally  therein,  the  following  new  paragraph :  " 

• > 

and  for  such  other  and  further  relief  as  may  be  just  and  proper. 


'Petitioners. 
(Verification.) 

NOTES. 

Act.  Sec.  18.     Genl.  Orders  VI.  XI. 

Qenerally  a  matter  of  discretion  for  the  Court. 

Wilder  v.  Watts,  15  Am.  B.  R.  57;  138  Fed.  426. 

Armstrong  v.  Fernandez  (V.  S.  Sup.),  19  Am.  B.  R.  746;  208  U.  S.  324;  52L.Ed.514. 

Ryan  v.  Hendricks  (C.  C.  A.  7th  Cir.),  21  Am.  B.  R.  570;  166  Fed.  916;  92  C.  C.  A.  78. 

Usually  granted  to  cure  an  error  due  to  mistake  of  counsel. 

In  re  Freund,  1  Am.  B.  R.  25. 

Mistake  in  name  of  bankrupt. 

Gleason  v.  Smith,  Perkins  &  Co.  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  602;  145  Fed.  895; 
76  C.  C.  A.  427. 

Clerical  error.     In  re  Bellah,  8  Am.  B.  R.  310;  116  Fed.  69. 

To  supply  a  specific  allegation  that  alleged  bankrupt  is  not  within  one  of  the  excepted 
classes. 

Beach  v.  Macon  Grocery  Co.  (C.  C.  A.  5th  Cir.),  9  Am.  B.  R.  762  ;  120  Fed.  736.  In  re 
Brett,  12  Am.  B.  R.  492;  130  Fed.  981.  In  re  White,  14  Am.  B.  R.  241;  135  Fed.  199. 
In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  665;  135  Fed.  1000;  68  C. 
C.  A.  434.     In  re  Crenshaw,  19  Am.  B.  R.  502;  156  Fed.  638. 

In  re  Shoesmith  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  645;  135  Fed.  684;  68  C.  C.  A.  322. 

Armstrong  v.  Fernandez  (V.  S.  Sup.),  (Supra.) 

Conway  v.  German  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  577;  166  Fed.  67;  91  C.  C.  A. 
653. 

To  correct  variance  bet'wreen  pleadings  and  proof. 

In  re  Lang,  3  Am.  B.  R.  231;  97  Fed.  196.  lu  re  Miller,  5  Am.  B.  R.  140;  104  Fed. 
764;  Chicago  Motor  Vehicle  Co.  v.  American  Oak  Leather  Co.  (C.  C.  A.  7th  Cir.),  15  Am. 
B.  R.  804;  141  Fed.  518;  72  C.  C.  A.  576.  In  re  Hark  Bros.,  15  Am.  B.  R.  460;  142  Fed. 
179,  aff'd  sub  nom.  Hark  v.  C.  M.  Allen  Co.  (C.  C.  A.  3rd  Cir.),  17  Am.  B.  R.  3;  146 
Fed.  665;  77  C.  C.  A.  91. 

Or  to  supply  an  insufficent  statement  of  nature  and  amoimt  of  claims  of  petitioners  or 
general  insuflBciency  of  allegation. 

Conway  v.  German  (supra). 

When  not  granted. 

When  defect  is  fatal  to  jurisdiction. 
No  act  of  bankruptcy  alleged. 

Woolford  V.  Diamond  State  Steel  Co.,  15  Am.  B.  R.  31 ;  138  Fed.  582. 
Claims  aggregate  less  than  $500,  by  adding  other  creditors.     In  re  Stein,  12  Am.  B. 
R.  364. 

Or  in  effect  a  new  and  independent  proceeding. 


82  FORMS  IN  BANKRUPTCY. 

In  re  Hyde  &  Co.,  4  Am.  B.  R.  602;  103  Fed.  617. 

In  re  Mercur  (C.  C.  A.  3rd  Cir.),  10  Am.  B.  R.  505 ;  122  Fed.  384;  58  C.  C.  A.  472 
aff'g  8  Am.  B.  R.  275;  116  Fed.  655.  In  re  Pure  Milk  Co.,  18  Am.  B.  R.  735;  154  Fed. 
682.     In  re  Harris,  19  Am.  B.  R.  204;  155  Fed.  216. 

In  re  Kaufman  (C.  C.  A,  2ud  Cir.),  23  Am.  B.  R.  429;  176  Fed.  93. 

Or  adding  a  later  act  of  bankruptcy. 

In  re  Riggs  Restaurant  Co.  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  508:  130  Fed.  691;  66 
C.  C.  A.  48.  In  re  Sears  (C.  C.  A.  2nd  Cir.),  8  Am.  B.  R.  713;  117  Fed.  294;  54  C.  C.  A. 
532,  reversing  in  part  s.  c.  7  Am.  B.  R.  279  ;  112  Fed.  58.  Wilder  v.  Watts,  15  Am.  B.  R. 
57;  138  Fed.  426.  In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  362;  135  Fed.  742;  68 
C.  C.  A.  380. 

Walker  v.  Woodside  (C.  C.  A.  9th  Cir.),  21  Am.  B.  R.  132;  164  Fed.  680;  90  C.  C.  A. 
644. 

Within  judicial  discretion,  Pittsburgh  Laundry  Supply  Co.  v.  Imperial  Laundry  Co. 
(C.  C.  A.  3rd  Cir.),  18  Am.  B.  R.  757  ;  154  Fed.  662;  83  C.  C.  A.  486. 

Contra.     In  re  Nusbaum  (D.  C.  N.  Y.),  18  Am.  B.  R.  598;  153  Fed.  835. 

In  re  Hamrick,  23  Am.  B.  R.  721 ;  175  Fed.  279. 

Amendment  can  only  be  granted  by  Judge  not  by  Referee. 
Practice. 

Petition  or  affidavit  accompanied  by  a  copy  of  proposed  amendment  and  on  due 
notice  to  all  parties  who  have  appeared  or  intervened. 

Petition  must  show  why  act  of  bankruptcy  proposed  to  be  set  forth  by  amendment 
was  not  set  up  in  original  petition. 

In  re  Pure  Milk  Co.,  18  Am.  B.  R.  736;  154  Fed.  683. 

In  re  Portner,  18  Am.  B.  R.  89;  149  Fed.  799. 

Effect. 

Relates  back  to  time  of  filing  original  petition  and  has  same  effect  as  if  originally 
included.     Ryan  v.  Hendricks  {supra). 

In  re  Beerman,  7  Am.  B.  R.  431;  112  Fed.  662. 

Chicago  Motor  Vehicle  Co.  v.  American  Oak  Lea; her  Co.  (supra). 

And  does  not  advance  such  date  under  Sec.  60a  relating  to  preferences. 

First  State  Bank  of  Corwith  v.  Haswell  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  330. 

When  creditor  waives  right  to  object. 

In  re  Broadway  Savings  Trust  Co.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  254;  152  Fed. 
152;  81  C.  C.  A.  58. 


FORMS  IN  BANKRUPTCY.  83 

FORM  No.  44. 

ORDER  REMANDING   PROCEEDING. 

At  a  stated  term  of  the  United  States 

District  Court  for  the District 

of ,  held  at  the  United  States 

Court  House,  City  of ,  on  the 

day  of    19... 

Present  : 

Eon ..., 

District  Judge. 


In  the  Matteb 

OF 


No. 


bankrupt. 


Upon  all  the  papers  and  proceedings  had  herein  and  upon  the  petition  in 

bankruptcy  filed  herein  on  the   day  of  ,  19 ... , 

in  this  court,  and  upon  the  appointment  of   as  ancillary  re- 
ceiver in  said  court  and  upon  the  petition  in  bankruptcy  filed  in  the  United 

States  District  Court  for  the District  of ,  on  the 

day  of ,  19 ... ,  and  upon  the  order  in  said  court 

appointing    ,  temporary  receiver  in  bankruptcy  and  upon 

the  order  of  adjudication  entered  in  the  United  States  District  Court  for  the 

District  of ,  on  the day  of , 

19.  . .,  and  after  reading  and  filing  the  petition  of and 

,  duly  verified  and  notice  of  motion  thereon  and  after  reading  the 

affidavit  of    ,  receiver  attached  to  the  said  motion  papers, 

verified  the   day  of   ,  19 ... ,  and  upon  motion  of 

,  attorney  for  the  petitioning  creditors  in  the  petition  in 

bankruptcy  filed  in  the  UTnited  States  District  Court,  for  the 

District  of   ,  and  there  being  no  opposition  thereto   (or  after 

hearing    ,  attorney  for    ,  in  opposition  thereto) 

and  it  appearing  that  the  application  made  herein  is  just  and  proper,  it  is 

Ordered,  that  the  petition  in  bankruptcy  filed  in  the  United  States  District 

Court  for  the  District  of ,  and  all  the  papers  and  proceedings 

had  thereon,  be,  and  the  same  hereby  are  remanded  to  the  proceeding  pending 

in  the  same  matter  in  the  United  States  District  Court  for  the 

District  of ,  and  it  is. 


84  FORMS  IN  BANKRUPTCY. 

(Further  ordered,  that  as  a  condition  precedent  to  the  remanding  of  the 
said  proceeding  as  above  set  forth,  ,  the  duly  appointed  ancil- 
lary receiver  in  this  court,  be  and  he  hereby  is  directed  to  pay  out  of  the 

funds  now  in  his  hands,  the  sum  of dollars  to , 

as  and  for  an  allowance  for  .costs  and  disbursements  as  objecting  creditor  in 
the  answer  interposed  heretofore  by  him  in  this  proceeding.) 


D.J. 


NOTES. 


In  re  Tybo  Mining  &  Reduction  Co.,  13  Am.  B.  R.  68  ;  132  Fed.  697. 
Kyle  Lumber  Co.  v.  Bush,  13  Am.  B.  R.  535  ;  133  Fed.  688. 
Consolidation  of  proceedings. 

Salt  Lake  Valley  Canning  Co.  v.  Collins  (C.  C.  A.  9th  Cir.),  23  Am.  B.  R.  716  ;  176 
Fed.  91. 

In  re  General  Metals  Co.,  12  Am.  B.  R.  770. 

In  re  Sears,  7  Am.  B.  R.  279  ;  112  Fed.  58. 

In  re  United  Button  Co.,  13  Am.  B.  R.  454  ;  132  Fed.  378. 


TITLE  II. 

TEMPOEARY  RECEIVER. 


FORU  No.  45.  Petition  for  Appointment  of  Temporary  Eeceiver  before  Adjudica- 
tion. 

46.  Order  appointing  Receiver. 

47.  Consent  of  Bankrupt  to  Appointment  of  Receiver. 

48.  Bond  of  Petitioning  Creditor. 

49.  Petition  for  Appointment  of  Receiver  after  Adjudication  by  Ref- 

eree and  Request  of  Creditors. 

50.  Order  appointing  Receiver  after  Adjudication  by  Referee. 

51.  Receiver's   Bond. 

52.  Petition  for  Retention  of  Counsel. 

53.  Affidavit  by  Attorney  thereon. 

54.  Order  authorizing  Retention  of  Counsel. 

56.  Order  authorizing  Receiver  to  continue  Business. 

55.  Petition  by  Receiver  to  continue  Business. 

57.  Order  that  Receiver  complete  Contracts. 

58.  Affidavit  by  Receiver  for  leave  to  commence  Action, 

59.  Order  authorizing  Receiver  to  commence  Action. 

60.  Order  permitting  Receiver  to  join  in  Bankruptcy  Petition. 

61.  Order  permitting  Suit  against   Receiver. 

62.  Order  directing  Delivery  of  Assets  to  Trustee,  subject  to  lien  for 

Receiver's  Fees,  etc. 

63.  Receiver's  Report. 

64.  Receiver's  Account  and  Oath  to  Same. 

65.  Notice  of  Hearing  upon  Accounts  before  Master. 

66.  Objections  to  Receiver's  Account.  '•• 

67.  Petition  of  Receiver's  Attorney  for  Allowance. 

68.  Report  of  Special  Master  on  Receiver's  Account. 

69.  Notice  of  Motion  to  confirm  Report  of  Special  Master. 

70.  Order  confirming  Report  of  Special  Master. 

71.  Order  vacating  Receivership. 

72.  Order  authorizing  Issuance  of  Receiver's  Certificates. 

73.  Receiver's  Certificate, 

74.  Answer  of  Lienor  to  Receiver's  Application  to  issue  Certificates. 

75.  Petition  for  Appointment  of  Ancillary  Receiver. 

76.  Order  appointing  Ancillary  Receiver. 

85 


86  FORMS  IN  BANKRUPTCY. 


FORM  No.  45. 

PETITION     FOR     APPOINTMENT     OF     TEMPORARY     RECEIVER     BE- 
FORE ADJUDICATION. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Mattbb 

OP 


Alleged  Bankrupt. 


To  the  Honorable   , 

Judge  of  the  United  States  District  Court, 

for  the District  of : 

The  petition  of   respectfully  shows  and  alleges,  upon 

information  and  belief: 

1.     That  on  the day  of ,  19 ... ,  petitioner  to- 
gether with   and   ,  creditors  of  the  above 

named ,  verified  and  filed  a  petition  in  this  court  that  he  be 

adjudged  an  involuntary  bankrupt  within  the  purview  of  the  United  States 
Bankruptcy  Act.     That  the  said  petition  was  based  on  an  act  of  bankruptcy 

committed  by  the  said   , 

to  wit,    


That  such  proceeding  is  pending  and  will  not  be  determined  for  some  time. 

2.  That  the  said was  carrying  on  business  as  a  manu- 
facturer of   (or  dealer  in)    

;  that  his  principal  place  of  busi- 
ness is  at ;  that  the  said 

has  a  large  amount  of  merchandise  now  situated  at  his  place  of  business; 
that  the  said  merchandise  consists  of 

3.  That  your  petitioner  is  informed  and  verily  believes  that  the  condition 
of  the  alleged  bankrupt's  affairs  and  business  is  such  as  to  render  it  absolutely 
necessary  that  a  receiver  be  appointed  at  once  to  preserve  such  property  and 


FORMS  IN  BANKRUPTCY.  87 

business,  pending  the  issue  of  the  bankruptcy  proceedings.     That  the  facts 
in  regard  to  same  are  as  follows :   

4.  That  petitioner  files  herewith  bond  as  required  by  Sect.  3-e  of  the  Bank- 
ruptcy Act. 

5.  That  the  assets  of  the  said  alleged  bankrupt,  as  your  petitioner  has  been 

informed  and  verily  believes,  consist  of   and 

,  hereinbefore  mentioned ;  and  that  said  assets 

are  of  the  value  of  $ 

6.  (That  it  will  be  to  the  best  interests  of  this  estate  that  the  business 

of  the  alleged  bankrupt  at  be  continued  by  the  receiver 

herein  for  the  followinor  reasons : 


7.     That  no  previous  application  has  been  made  for  this  order. 

Wherefore  your  petitioner  respectfully  prays  that  a  temporary  receiver  be 
appointed  of  all  the  assets  and  property  of  every  kind  of  the  said  alleged  bank- 
rupt; (and  that  such  receiver  be  allowed  to  carry  on  the  business  of  the  said 
alleged  bankrupt  for  a  limited  period  as  the  court  may  direct)  and  for  such 
other  order  in  the  premises  as  may  be  just  and  proper. 

Dated ,19.... 


Petitio7ier. 
(Verification.) 


^ 


88  FORMS  IN  BANKRUPTCY. 


FORM  No.  46. 


ORDER  APPOINTING  RECEIVER. 


At  a  stated  term  of  the  District  Court  of 
the  United  States  held  in  and  for  the  .... 

District  of ,  at 

the  Court  House  in  the  City  of , 

on  the day  of ,  19 . . . 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


In  Bankruptcy. 


Upon  the  annexed  petition  of  . . ; verified  the 

day  of ,  19. .,  and  the  petition  in  bankruptcy  filed  herein  against 

(by)   the  above  named  alleged  bankrupt,  in  the  office  of  the  clerk  of  this 

court  on  the day  of ,  19 .  . ,  and  upon  the  bond  of 

the  petitioning  creditor  duly  filed  and  approved  herewith,  and  it  appearing 
that  a  subpoena  has  been  duly  issued  against  said  bankrupt  as  required  by 
law,  and  that  the  appointment  of  a  receiver  is  absolutely  necessary  for  the 

preservation  of  this  estate,  now  on  motion  of attorneys 

for  the  petitioning  creditors  herein, 

It  is  ordered,  that ,  Esq.,  be,  and  he  hereby  is  is  ap- 
pointed temporary  receiver  of  the  property,  assets  and  effects  of  the  above 
named  alleged  bankrupt,  with  all  the  usual  rights  and  powers  thereof  until 
the  further  order  of  this  court,  in  the  premises, 
And  it  is  further 

Ordered,  that  the  said  receiver  give  a  bond  to  the  people  of  the  United 

States  in  the  sum  of  $ conditioned  for  the  faithful  discharge 

of  his  duties  as  such  receiver. 
And  it  is  further 

Ordered,  that  said  alleged  bankrupt  forthwith  deliver  to  said  receiver  all  of 
his  property,  assets  and  effects  now  in  his  possession  or  under  his  control,  and 
the  said  alleged  bankrupt  and  all  other  persons,  firms,  corporations,  all  credi- 


FORMS  IN  BANKRUPTCY.  89 

tors  of  the  said  alleged  bankrupt,  as  well  as  their  and  each  of  their  attorneys, 
agents  and  servants,  and  all  Sheriffs,  Marshals  and  other  officers,  deputies 
and  their  employees  are  hereby  jointly  and  severally  restrained  and  enjoined 
from  removing,  transferring  or  otherwise  interfering  with  the  property,  assets 
and  effects  of  the  above  named  alleged  bankrupt  and  from  prosecuting,  exe- 
cuting or  suing  out  of  any  court  any  process,  attachment,  replevin  or  other 
writ  for  the  purpose  of  taking  possession,  impounding  or  interfering  with 
any  property,  assets  or  effects  of  the  above  named  alleged  bankrupt,  and  from 
molesting,  disturbing  or  interfering  with  the  receiver  herein  appointed  in  the 
discharge  of  his  duties. 


D.  J. 

NOTES. 


Act,  Sec.  2,  (3).    Cross  References,  Sees.  2,  (15),  3-e  69-a. 

Order  appointing  Receiver  before  adjudication. 

See,  Rules  So.  Dist.  N.  Y.  XXXVIII.,  XXXIX. 

Notice  to  alleged  bankrupt  proper,  but  not  necessary. 

In  re  Abrahamson  and  Bretstein,  1  Am.  B.  R.  44. 

An  appointfnent  without  notice  is  not  la  a  constitutional  sense  a  deprivation  of  prop- 
erty without  due  process  of  law. 

Latimer  v.  McNeal  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  43  ;  143  Fed.  451  ;  73  C.  C.  A. 
567,  aff'g.     In  re  Francis  (D.  C.  Pa.),  14  Am.  B.  R.  676  ;  136  Fed.  912. 

See  Collier  on  Bankruptcy,  (7th),  pp.  29-33. 

Byran  v.  Bernheimer  (U.  S.  Sup.),  5  Am.  B.  R.  623  ;  181  U.  S.  188  :  45  L.  Ed.  814. 

Authority  to  appoint  :  In  re  Oakland  Lumber  Co.  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R. 
181  ;  174  Fed.  634. 

In  re  Fixen.  2  Am.  B.  R.  822  ;  96  Fed.  748. 

In  re  Florcken,  5  Am.  B.  R.  802  ;  107  Fed.  241. 

Boonville  National  Bank  v.  Blakey  (C.  C.  A.  7th  Cir.),  6  Am.  B.  R.  13  ;  107  Fed. 
891  ;  47  C.  C.  A.  43. 

Even  though  corporation  was  not  subject  to  adjudication  as  a  bankrupt. 

In  re  T.  E.  Hill  Co.  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  73  ;  159  Fed.  73  ;  86  C.  C.  A. 
263. 

What  an  order  directing  bankrupt  to  deliver  books  to  receiver  should  provide. 

In  re  Geo.  Harris,  20  Am.  B.  R.  911  ;  164  Fed.  292. 

Appointment  of  a  receiver  denied,  when  no  necessity  therefor.  "* 

Rowland  v.  Auto.  Car  Co.,  13  Am.  B.  R.  799  ;  133  Fed.  835. 

In  re  Knopf,  16  Am.  B.  R.  432  ;  144  Fed.  245. 

In  re  Moody,  12  Am.  B.  R.  718  ;  131  Fed.  525. 

In  re  Benedict,  15  Am.  B.  R.  232  ;  140  Fed.  55. 

May  be  appointed  to  take  charge  of  the  property  although  estate  is  being  administered 
by  assignee  or  receiver  in  State  Court. 

In  re  Etheridge  Furniture  Co..  1  Am.  B.  R.  112  ;  92  Fed.  329. 

Power  of  Court  to  protect  its  receiver. 

Mason  v.  "Wolkowich  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  709  ;  150  Fed.  699  ;  80  C.  C.  A. 
435. 


What  petition  should  state. 

"  Absolutely  necessary  for  preservation  of  estate." 


90  FORMS  IN  BANKRUPTCY. 

In  re  Oakland  Lumber  Co.  {supra). 

In  re  Rosenthal,  16  Am.  B.  R.  448,  144  Fed.  548. 

T.  S.  Faulk  &  Co.  v.  Steiner,  Lobman&  Frank  et  al.  (C.  C.  A.  7th  Cir.),  165  Fed.  861; 

91  C.  C.  A.  547. 

Consent  of  bankrupt  alone,  not  sufficient,  s.  c. 

Order  should  fix  amount  of  bond,  and  specify  powers. 

Order  should  fix  time  for  filing  petitioning  creditors'  bond  before  receiver  takes 
possession. 

In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  354  ;  135  Fed.  742  ;  68  C  C.  A.  840. 

Effect  of  appointment. 

In  re  Nelson  &  Bro.  Co.,  18  Am.  B.  R.  66  ;  149  Fed.  590. 

In  re  Alton  Mfg.  Co.,  19  Am.  B.  R.  805  ;  158  Fed.  367. 

Title  to  property  in  hands  of  receiver. 

In  re  La  Plume  Milk  Co.,  16  Am.  B.  R.  729  ;  145  Fed.  1013. 

Appointment  of  receiver  discretionary  with  the  court  and  mandamus  does  not  lie  to 
compel  such  appointment. 

Edinburg  Coal  Co.  v.  Humphrey  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  593  ;  134  Fed. 
839  ;  67  C.  C.  A.  435. 


FORMS  IN  BANKRUPTCY.  91 


FORM  No.  47. 

CONSENT  OF  BANKRUPT  TO  APPOINTMENT  OF  RECEIVER. 

United  States  District  Court, 

for  the   District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


No. 


I  hereby  consent  to  the  appointment  of  a  receiver  as  prayed  for  in  the  fore- 
going petition,  (and  that  I  be  adjudged  a  bankrupt,  as  prayed  for  in  the  peti- 
tion of ,  and  others,  verified  ,  19. .,)  and 

I  hereby  waive  any  bond  on  the  part  of  the  petitioning  creditors. 

Dated , , ,  19. . . 


State  of ] 

County  of j" 

On  this day  of ,  19 ... ,  before  me  personally  ap- 
peared   ,  to  me  known  and  known  to  me  to  be  the  person 

described  in  and  who  executed  the  foregoing  consent  and  duly  acknowledged 
to  me  that  he  executed  same. 


92 


FORMS  IN  BANKRUPTCY. 


FORM  No.  48. 

BOND  OF  PETITIONING  CREDITOR  BY  SURETY  COMPANY, 

District  Court  of  the  United  States, 

.  , District  of I 


In  the  Mattee 

OF 


>     In  Bankruptcy. 


bankrupt. 


Know  all  men  by  these  presents: 
That 


as  principal  and  the Company,  having  an  office  and 

usual  place  of  business  at  No Street,  in  the  City  of 

,  State  of ,  as  surety,  are  held  and  firmly 

bound  unto 

in  the  full  and  just  sum  of 

Dollars,  lawful  money  of  the  United  States  of 

America,  to  which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  successors  and  assigns,  jointly  and  sever- 
ally, firmly  by  these  presents.    Sealed  with  our  seals  and  dated  the 

day  of ,  in  the  year 

Whereas,  a  petition  has  been  duly  filed  in  this  Honorable  Court,  praying 
that  the  said    

be  adjudged  bankrupt  ,  and  an  appli- 
cation has  been  made  for  the  appointment  of  a  receiver  to  take  charge  of  and 
hold  the  property  of  the  said  alleged  bankrupt  ,  prior  to  the  adjudication, 
and  pending  the  hearing  upon  the  said  petition. 

Now,  therefore,  the  condition  of  the  above  obligation  is  such.  That  if  the 
said   


shall  in  the  event  of  the  said  petition  being  dismissed,  pay  to  the  said 

alleged  bankrupt 


FORMS  IN  BANKRUPTCY.  93 

or   legal  representatives,  all  costs,  expenses  and  damages  oc- 
casioned by  such  seizure,  taking  and  detention  of  the  property  of  said  alleged 
bankrupt     ,  then  the  above  obligation  to  be  void,  otherwise  to  be  and  remain 
in  full  force  and  virtue. 
In  presence  of 

(L.8.) 

The Co. 

By , 

Manager. 

Attest :    , 

A  ttorney-in-fact. 
( Acknowledgment. ) 
(Justification  of  Surety.) 

NOTES. 

Act,  Sec.  3-e.     Cross-References,  Sees.  2,  (3),  (15),  69-a. 

Required  where  application  is  made  for  a  receiver  to  take  charge  of,  and  hold  the 
property  of  the  alleged  bankrupt  or  any  part  thereof,  prior  to  the  adjudication  and  pending 
a  hearing  on  the  petition. 

The  bond  should  be  filed  before  the  receiver  takes  possession. 

In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  354;  135  Fed.  742;  68  C.  C.  A.  340. 

In  re  Sunseri,  18  Am.  B.  R.  231 ;  156  Fed.  103. 

In  re  McKane,  18  Am.  B.  R.  594;  158  Fed.  647. 

Comp.     In  re  Hines,  16  Am.  B.  R.  538;  144  Fed.  147. 

Bond  by  single  surety  company  sufficient. 

In  re  Sears-Humbert  and  Co.,  10  Am.  B.  R.  389;  117  Fed.  294. 

Liability  of  bondsmen  upon  dismissal  of  petition. 

In  re  Smith.  16  Am.  B.  R.  478;  146  Fed.  923.  Selkregg  v.  Hamilton,  16  Am.  B.  R. 
474;  144  Fed.  557. 

In  re  Nixon,  6  Am.  B.  R.  693;  110  Fed.  633. 

In  re  Seurs-Humbert  and  Co.,  10  Am.  B.  R.  389;  128  Fed.  275. 

In  re  Hines,  16  Am.  B.  R.  538;  144  Fed.  147. 

In  re  Williams,  9  Am.  B.  R.  736;  120  Fed.  34.  Nixon  v.  Fidelity  and  Deposit  Co.  of 
Maryland  (C.  C.  A.  9th  Cir.),  18  Am.  B.  R.  174;  150  Fed.  574;  80  C.  C.  A.  336. 

In  re  Lacov  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  290;  143  Fed.  960;  74  C.  C.  A.  130. 
Hoffschlaeger  Co.  v.  Young  Nap,  12  Am.  B.  R.  526. 

Liable  only  for  usual  costs  unless  they  acted  without  probable  cause  and  with  malice, 
when  the  remedy  is  a  suit  in  the  nature  of  malicious  prosecution. 

In  re  Moehs  v.  Rechnitzer  (D.  C.  N.  Y.),  174  Fed.  165. 

T.  E.  Hill  Co.  V.  Contractors,  etc.,  Co.,  24  Am.  B.  R.  84. 

See,  "Collier  on  Bankruptcy,"  7th  Ed.  p.  91,  comp.  In  re  Philadelphia  and  Lewes 
Transportation  Co.,  11  Am.  B.  R.  444. 

Runs  only  to  respondents  at  time  bond  is  given. 

In  re  Spalding  (C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  667;  150  Fed.  120;  80  C.  C.  A.  74. 

Alleged  bankrupt  should  file  his  bill  of  costs  with  the  clerk  and  give  notice  to  the 
creditors. 

In  re  Haeseler-Kohlhoff  Carbon  Co.,  14  Am.  B.  R.  381;  135  Fed.  867. 


94  FORMS  IN  BANKRUPTCY. 

FORM  No.  49. 

PETITION  FOR  APPOINTMENT  OF  RECEIVER  AFTER  ADJUDICATION 
BY  REFEREE  AND  CONSENT  OF  CREDITORS. 

United  States  District  Court, 

for  the   District  of ; 

In  Bankruptcy. 


In  the  Matter 

OF 


No. 


Bankrupt. 


To 

• ,Esq., 

Beferee  in  Bankruptcy. 

The  petition  of  respectfully  shows : 

That  he  is  a  creditor  of ,  the  bankrupt  herein,  having  a 

provable  claim  for  $ 

That  the  said  bankrupt  was  duly  adjudicated  herein,  on  the day 

of  ,  19.  . ,,  and  on  the  same  day  this  proceeding  was  duly  re- 
ferred, but  that  a  trustee  cannot  be  appointed  for  some  time  to  come. 

That  the  bankrupt  estate  consists  of  and  is  worth  substantially  as  follows: 

[Here  state  full  particulars.] 

That  it  is  absolutely  necessary  for  the  preservation  of  said  estate  that  a 
temporary  receiver  be  appointed  to  take  charge  of  the  same,  for  the  following 
reasons :   

[That  it  will  be  for  the  best  interests  of  the  creditors  of  this  estate,  that 
the  business  located  as  above  stated,  be  continued  until  a  trustee  can  be  ap- 
pointed and  qualify,  for  the  following  reasons:] 

That  no  previous  application  has  been  made  to  this  court  for  the  order 
hereinafter  asked. 

Wherefore,  your  petitioner  prays  that  a  receiver  may  bo  appointed  herein, 
(with  authority  to  continue  said  business,)  and  for  such  other  order  as  shall 
be  just  and  lawful. 

Dated  ,  ,19... 


Petitioner, 

(Verification.) 


FORMS  IN  BANKRUPTCY.  95 

CONSENT  OF  CREDITORS. 

We,  the  undersigned,  creditors  of  said  bankrupt,  holding  unsecured  claims 
in  the  amounts  set  opposite  our  names,  do  hereby  consent  to  and  request  the 
appointment  of  a  receiver  herein. 

Dated  ,  ,  19... 


NOTES. 

Appointment  of  receiver  by  referee.— Not  permitted  in  some  districts,  including 
Southern  and  Northern  districts  of  New  York. 

In  no  case  can  an  appointment  be  made  by  referee  before  order  of  adjudication  and 
reference. 

In  re  Florcken,  5  Am.  B.  R.  802;  107  Fed.  241. 
,  Mueller  v.  Nugent,  7  Am.  B.  R.  224 ;  184  U.  S.  1 ;  46  L.  Ed.  405. 


FORM  No.  50. 

ORDER  APPOINTING  RECEIVER  AFTER   ADJUDICATION. 

United  States  District  Court, 

District  of  : 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


y   No. 


,  a  creditor  herein  having  filed  a  petition  verified  the 

day  of ,  19.  . .,  praying  for  the  appointment  of  a 

receiver,  (and  that  said  receiver  be  authorized  to  continue  the  business  in  the 
usual  and  ordinary  manner,)  and  it  appearing  that  the  appointment  of  a 
receiver  herein  as  absolutely  necessary  for  the  preservation  of  the  estate,  (and 
creditors  having  consented  thereto,) 

Now,  on  motion  of ,  Esq.,  attorney  for  said  creditor,  it  is 


96 


FORMS  IN  BANKRUPTCY. 


Ordered,  that Esq.,  of  the of , 

in  said  district,  be,  and  he  hereby  is,  appointed  temporary  receiver  of  the 

estate  of  said  bankrupt,  and  directed  to  file  a  bond  in  the  sum  of  $ , 

with  sufficient  sureties,  to  be  approved  by  this  court. 

(And  it  is  further  ordered  that  said  receiver  continue  the  business  of  said 

bankrupt,  at  No Street,  in  the of , 

in  said  district.) 

[That  said  receiver  have  power  also  to 


] 

That  said  receiver  continue  as  such  until  the  appointment  and  qualification 

of  a  trustee  herein. 
Dated ,  ,  19... 


Referee  in  hanlcruptcy. 


FORM  No.  51. 

BOND  OF  RECEIVER. 

District  Court  of  the  United  States, 

District  of : 


In  the  Matter 

OP 


Alleged  Bankrupt. 


=-     In  Bankruptcy. 


Know  all  men  by  these  presents: 
That    


as  Principal  and  the Company,  having  an  office  and  place 

of  business  at  No Street,  in  the  City  of 

,  State  of ,  as  Surety,  are  held  and  firmly  bound 

unto  the  United  States  of  America  in  the  sum  of 

Dollars,  lawful  money  of  the  United 


FORMS  IN  BANKRUPTCY.  97 

States,  to  be  paid  to  the  said  the  United  States  of  America,  for  which  payment, 

well  and  truly  to  be  made,  the  said 

binds  himself,  his  heirs,  executors  and  administrators,  and  said 

Company  binds  itself,  its  successors  and  assigns,  jointly  and  severally,  firmly 

by  these  presents.     Sealed  with  our  seals  and  dated  the day  of 

,  in  the  year 

Whereas,  by  an  order  made  by  Hon ,  United  States 

District  Judge,  dated  the day  of ,  19 .  .,  the  said 

was  appointed,  with  the  usual  powers,  temporary 

receiver  of  all  the  property,  assets  and  effects  of 

bankrupt    ,  until  the  appointment  of  a  trustee  in  bank- 
ruptcy herein. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said 

shall  faithfully  discharge  the  duties  of  his  trust 

as  such  receiver,  and  shall  well  and  truly  account  for  all  moneys  and  property 
that  shall  come  into  his  hands,  and  shall  abide  by  and  perform  all  things  which 
he  in  said  order  is  instructed  to  do,  or  shall  hereafter  be  by  the  Court  com- 
manded to  perform,  then  this  obligation  shall  be  void;  otherwise  to  be  in  full 
force  and  effect. 
Sealed  and  delivered 
in  presence  of 

r.. L.S. 

Company. 

By  , 

Manager. 

Attest :    , 

Attorney-in-fact. 

(Acknowledgment  and  Justification  by  Surety.) 
(Acknowledgment  by  Principal.) 


98  FORMS  IN  BANKRUPTCY. 


FORM  No.  52. 

PETITION  TO  RETAIN  COUNSEL. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the  District  of  : 

The  petition  of respectfully  shows : 

1.  That  on  the day  of  ,  19 ... ,  he  was  duly 

appointed  temporary  receiver  in  bankruptcy  of  the  above  named  alleged  bank- 
rupt and  has  duly  qualified  and  filed  his  bond  in  the  penalty  required. 

2.  That  in  the  administration  of  the  estate  and  in  the  performance  of 
his  duties  as  receiver,  it  will  be  necessary  for  your  petitioner  to  employ  counsel 
for  the  purpose  of  conducting  an  examination  of  the  alleged  bankrupt,  rela- 
tive to  moneys  alleged  to  have  been  paid  to  creditors  by  way  of  preferences 
and  in  the  discovery  of  assets,  collection  of  outstanding  accounts  and  for  other 
matters  incident  to  the  administration  of  the  estate. 

[Here  set  forth  any  other  reasons.] 

3.  Your  petitioner  desires  to  employ  as  his  counsel ,  the  attorney 

for  the  petitioning  creditors  herein,  and  believes  him  well  qualified  to  act 
as  counsel  in  this  matter  to  your  petitioner,  and  that  he  represents  no  interests 
adverse  to  petitioner  or  the  estate  of  the  alleged  bankrupt. 

Wherefore,  your  petitioner  would  respectfully  pray  for  an  order  authorizing 
and  permitting  him  to  retain as  his  counsel  in  this  pro- 
ceeding. 


Feiitxoner. 
(Verification.) 


FORMS  IN  BANKRUPTCY. 


FORM  No.  53. 

AFFIDAVIT  OF  ATTORNEY  THEREOH. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


Alleged  Bankrupt 


State  of  .  . 
County  of 


ss.: 


,  being  duly  sworn,  deposes  and  says: 

That  he  is  an  attorney  and  counselor  at  law  of  the  State  of > 

and  admitted  to  practice  in  this  court;  that  he  does  not  represent  the  above 
alleged  bankrupt;  and  is  in  no  way  connected  with  said  bankrupt;  that  he 

represents  no  interests  adverse  to ,  as  receiver  in  bankruptcy 

of  the  above  named  estate  and  knows  of  no  reason  why  he  should  not  act  as 
the  attorney  and  counsel  for  the  said  receiver  in  this  proceeding. 
Sworn  to  before  me  this day  of ,  19 . . . 


100 


FORMS  IN  BANKRUPTCY. 


FORM  No.  54. 

ORDER  AUTHORIZING  RECEIVER  TO  RETAIN  COUNSEL. 

At  a  stated  term  of  the  District  Court 
of  the  United  States,  held  in  and  for 

the District  of , 

at  the  United  States  Court  House,  City 

of ,  on  the   

day  of ,  19. . . 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Alleged  bankrupt. 


On  reading  and  filing  the  annexed  petition  of ,  temporary 

receiver  of  the  above  named  alleged  bankrupt,  verified  the day  of 

,  19 .  . ,  and  the  affidavit  of duly  verified, 

and  it  appearing  to  the  Court  that  the  prayer  of  the  said  petition  is  reasonable 
and  proper,  it  is 

Ordered  that  the  said  receiver  be  and  he  hereby  is  authorized  and  em- 
powered to  retain as  his  attorney  in  this  proceeding. 


D.  J. 


NOTES. 


Petition  and  order  to  retain  counsel  necessary  under  local  rules  in  many  districts. 
See,  Rule  XXXIV.,  So.  District  of  N.  Y. 

Selection  of  counsel  by  receiver. 

In  re  Strobel  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  22;  160  Fed.  916. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  748. 


FORMS  IN  BANKRUPTCY.  101 

FORM  No.  55. 

PETITION  BY  RECEIVER  TO  CONTINUE  BUSINESS  OF  BANKRUPT. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


>No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of ,  respectfully  shows : 

That  by  an  order  of  this  court,  dated   ,  your  petitioner 

was  duly  appointed  temporary  receiver  herein,  and  duly  qualified  by  filing 
the  required  bond.  That  on  entering  upon  his  duties  herein  as  receiver,  your 
petitioner  has  taken  possession  of  the  property,  assets  and  effects  of  the  bank- 
rupt, consisting  of    

at Street, 

That  he  has  made  a  careful  investigation  of  the  condition  of  the  bankrupt's 
business  and  finds  that  said  bankrupt  has  on  hand  a  large  number  of  unfilled 

orders,  from  which  it  is  estimated  the  sum  of  $ ,  could  be  realized 

upon  completion  of  same. 

That  there  is  also  a  large  stock  of  material  on  hand,  consisting  of 

and  largely  available  for  the  purpose  of  completing  such  orders. 

That  this  property  will  be  greatly  enhanced  in  value  by  making  it  up  into 
manufactured  goods;  otherwise,  but  a  small  amount  will  be  realized  for  the 
creditors  in  disposing  of  the  property  in  its  present  condition. 

Your  petitioner  believes  it  to  be  to  the  best  interests  of  this  estate  that 
he  be  permitted  to  carry  on  the  business  for  a  limited  period  and  fill  these 
orders. 

(That  at  the  time  the  petition  in  bankruptcy  was  filed  against  the  said 
bankrupt,  he  was  endeavoring  to  effect  a  settlement  with  his  creditors,  and 
said  bankrupt  as  your  petitioner  is  informed,  believes  that  he  can  now  effect 
such  settlement  with  his  creditors,  if  the  business  be  continued  and  the  good 
will  preserved.) 


10-^  FORMS  IN  BANKRUPTCY. 

Wherefore,  your  petitioner  respectfully  prays  that  he  be  permitted  and  em- 
powered to  continue  the  business  as  conducted  by  the  bankrupt  for  a  period 

of days,  and  that  in  the  conduct  of  the  business,  he  be  permitted 

to  incur  such  expense  and  enter  upon  such  contracts  as  in  his  judgment,  may 
seem  proper  in  the  premises. 

Dated  , ,  19... 


Petitioner. 
(Verification.) 


FORM  No.  56. 

ORDER  AUTHORIZING  RECEIVER  TO  CONTINUE  BUSINESS  OF  BANK- 
RUPT. 

At  a  stated  term  of  the  United  States 

District  Court  held  in  and  for  the 

District  of  ,  at  the  Court 

House  in  the  City  of  ,  on  the 

,  day  of   ,  19... 

Present  : 

Hon , 

District  Judge, 


In  the  Matter 

OF 


bankrupt. 


On  the  annexed  petition  of ,  temporary  receiver  herein, 

verified  the   day  of   ,  19 ... ,  and  sufficient  reason 

appearing  to  me  therefor,  it  is  hereby. 

Ordered  that ,  as  receiver  herein,  be  and  he  hereby  is 

permitted,  authorized  and  empowered  to  continue  and  carry  on  the  business 

as  conducted  by  the  bankrupt  herein,  for  a  period  of   days, 

from  date  hereof,  and  in  the  conduct  of  said  business,  to  make  such  contracts 
and  incur  such  expense  as  in  his  discretion  may  be  necessary. 

D.J. 


FORMS  IN  BANKRUPTCY. 

NOTES. 


103 


Continuance  of  a  going  business.    Act,  Sec.  2,  (5)  as  amended  1910. 

Authority. — Creditors  should  join  iu  application. 

In  re  Bourlier  Cornice  and  Roofing  Co.,  13  Am.  B.  R.  585,  590;  133  Fed.  958. 

Order  authorizing  may  not  be  attacked  collaterally. 

In  re  Isaacson  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  98;  174  Fed.  406. 

Duty  of  persons  dealing  with  receiver  running  business  to  investigate  extent  of  re- 
ceiver's authority. 

In  re  Erie  Lumber  Co.,  17  Am.  B.  R.  689,  707;  150  Fed.  817. 

Receiver  may  be  authorized  to  borrow  money  to  continue  bankrupt's  business. 

In  re  Ristein,  20  Am.  B.  R.  832;  162  Fed.  986. 

Receiver  should  not  carry  on  a  business  at  expense  of  secured  creditor  who  does  not 
consent. 

In  re  Bourlier  Cornice  and  Roofing  Co.  {supra). 

Liability  when  receiver  continues  business  at  a  loss. 

In  re  Consumers  Coffee  Co.,  20  Am.  B.  R.  835;  151  Fed.  933. 

In  re  Isaacson  {supra). 


FORM  No.  57. 

ORDER  THAT  RECEIVER  COMPLETE  CONTRACTS. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of    ,  held  at  the 

Court  House,  City  of ,  on 

the day  of ,  19 . . . 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


bankrupt. 


Upon  reading  and  filing  the  annexed  petition  of ,  temporary 

receiver  herein,  verified  the day  of ,  19 .  . . ,  and  the 

annexed  consent  dated ,  19 ... ,  and  on  motion  of , 

attorney  for  receiver,  it  is 

Ordered  that  said   ,  receiver  herein,  be  and  he  hereby  is 


104  FORMS  IN  BANKRUPTCY. 

permitted  and  allowed  to  complete  the  orders  which  have  come  into  his  posses- 
sion and  which  are  in  the  course  of  manufacture  or  unfilled,  and  to  dispose 
of  the  same  when  completed,  in  the  regular  course  of  business,  for  cash,  and 
to  make  such  expenditures  in  relation  thereto  as  may  become  necessary. 


D.  J. 


FORM  No.  58. 

AFTIDAVIT  BY  RECEIVER  FOR  LEAVE  TO  BEGIN  SUIT. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


State  of  ) 

County  of \^^'' 

,  being  duly  sworn,  deposes  and  says : 

1.  That  on  ,  19.  . .,  a  petition  in  involuntary  bankruptcy 

was  filed  against ,  the  alleged  bankrupt  above  named,  by 

and  others ;  that  on  the  said   ,  19 ... , 

deponent  was  duly  appointed  temporary  receiver  in  bankruptcy  of  the  above 

naiiiod  alleged  bankrupt  and  required  to  file  a  bond  in  the  sum  of  $ 

and  the  same  was  duly  filed  and  approved;  that  thereafter  deponent  entered 
upon  his  duties  as  such  receiver  and  is  now  continuing  to  act  as  such. 

2.  That  no  adjudication  has  been  had  herein;  that  a  considerable  period 
of  time  must  necessarily  elapse  before  a  meeting  of  creditors  can  be  called  and 
a  trustee  elected  herein.     That  among  the  assets  belonging  to  the  estate 

herein  and  in  possession  of  deponent  are  certain  promissory  notes  for  $ , 

each  made  to  the  order  of  the  said  alleged  bankrupt  by and 

due ,  19.  . .  .  That  as  said  promissory  notes  are  due  and  un- 
paid, and  there  is  considerable  danger  that  same  will  become  uncollectible 


FORMS  IN  BANKRUPTCY. 


105 


before  a  trustee  can  be  elected  and  qualify  herein;  that  as  no  trustee  can  be 

elected  before   ,  19. . .,  deponent  believes  that  it  is  for  the 

best  interests  of  the  estate  herein  that  he  be  authorized  to  commence  an  action 
on  said  promissory  notes  as  soon  as  possible. 

3.     No  previous  application  has  been  made  for  this  order. 


Sworn  to  before  me  this day  of 


19, 


Present  : 
•  Hon. 


FORM  No.  59. 

ORDER  AUTHORIZING  RECEIVER  TO  BEGIN  SUIT. 

At  a  stated  tenn  of  the  District  Court 

of  the  United  States  for  the 

District   of    held   at   the 

Court  House,  City  of ,  on  the 

day  of    19... 


District  Judge. 


In  the  Matter 

OF 


Alleged  JBcaikrupt. 


On  the  petition,  subpoena  and  all  the  proceedings  herein,  and  on  reading 
and  filing  the  aflidavit  of  ,  temporary  receiver  in  bank- 
ruptcy of ,  alleged  bankrupt,  verified , 

19.  . .,  and  on  motion  of   ,  attorney  for  the  said  receiver, 

and  sufficient  reason  appearing  therefor,  it  is,  upon  motion  of , 

attorney  for  said  receiver. 

Ordered  that ,  temporary  receiver  of  the  alleged  bank- 
rupt herein,  be  and  he  is  hereby  authorized  and  directed  to  commence  an 
action  against   upon  the  following  cause  of  action: 


D.  J. 


106  FORMS  IN  BANKRUPTCY. 

NOTES. 

Suits  by  receiver. — Validity  doubtful  and  little  used  as  a  receiver  in  bankruptcy  is 
a  mere  custodian. 

A  temporary  receiver  in  bankruptcy  has  no  authority  to  bring  an  action  to  set  aside  an 
alleged  fraudulent  transfer  by  the  bankrupt. 

Guarantee  Title  and  Trust  Co.  v.  Pearlman,  16  Am.  B.  R.  461 ;  144  Fed.  550. 

Nor  for  recovery  of  property  not  in  his  possession. 

Boonville  Nat.  Bank  v.  Blakey  (C.  C.  A.  7th  Cir.),  6  Am.  B.  R.  13 ;  107  Fed.  891;  47 
C.  C.  A.  43. 

Contra.     In  re  Fixen  (D.  C.  Cal.),  2  Am.  B.  R.  822;  96  Fed.  748. 

Cannot  sue  in  another  district. 

In  re  National  Mercantile  Agency,  12  Am.  B.  R.  189;  128  Fed.  639. 

In  re  Schrom,  3  Am.  B.  R.  352;  97  Fed.  760. 


FORM  No.  60. 

ORDER  AUTHORIZING  RECEIVER   TO  JOIN  IN  BANKRUPTCY   PETI- 
TION. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of    held   at  the 

Court  House,  City  of ,  on  the 

day  of    19 . . . 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


On  reading  and  filing  the  annexed  petition  of ,  receiver 

herein,  verified  the day  of ,  19 ... ,  and  sufficient 

reason  appearing  to  me  therefor, 

Now,  on  motion  of ,  attorney  for , 

temporary  receiver  of ,  it  is 

Ordered  that  the  said ,  as  temporary  receiver  of 

,  be  and  he  hereby  is  authorized  and  allowed  to  join  with 


FORMS  IN  BANKRUPTCY.  107 

the  said ,  the  bankrupt  herein,  in  proceedings  and  petition 

to  have adjudged  an  involuntary  bankrupt  and  for 

such  action  or  proceedings  as  may  be  necessary  and  proper  thereto. 


D.J. 


FORM  No.  61. 

ORDER  ALLOWING  SUIT  AGAINST  RECEIVER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District   of    held   at   the 

United  States  Court  House  in  the  City  of 
,  on  the day  of 

,  19... 

Present  : 


Hon 

District  Judge. 

In  the  Matter 

OF 


Alleged  Bankrupt. 


On  reading  and  filing  the  petition  of ,  dated  and  verified 

,  ,  19 .  . ,  and  on  motion  of ,  attorney 

for  the  petitioner,  and  sufficient  reason  appearing  therefor,  it  is 

Ordered,  that  the  prayer  of  said  petitioner  be  and  the  same  hereby  is 
granted,  and  that  said  petitioner  have  leave  to  commence  an  action  in  the 

Court  of in  the  manner  and  form  as  he  may 

be  advised,  for:  (Here  state  object  of  action,  e.  g.  foreclosure  of  mortgage  on 

real  estate.)  and  that  petitioner  have  leave  to  make as 

temporary  receiver  of  the  estate  of  the  above  named   , 

alleged  bankrupt,  a  party  defendant  in  said  action. 


D.  J. 
NOTES. 


Actions  against  receiver. — A  receiver  may  not  be  sued  except  by  leave  of  court, 
unless  he  is  carrying  on  the  business  by  order  of  court. 


108 


FORMS  IN  BANKRUPTCY. 


In  re  Kalb  v.  Berger  Mfg.  Co.  (C.  C.  A.  2nd  Cir.).  21  Am.  B.  R.  393;  165  Fed.  895. 
Not  necessary  to  obtain  leave  to  sue  receiver  on  a  claim  for  goods  removed  during 
receivership. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

Jurisdiction. — An  action  may  be  maintained  against  receiver  for  goods  sold  to  him 
during  receivership,  in  the  City  Court  of  New  York. 

Orr  Co.  v.  Cushman,  18  Am.  B.  R.  535. 

Stays  in  action  against  receiver  personally ;  no  povrer  though  based  on  acts  done  as 
receiver. 

In  re  Kalb  v.  Berger  Mfg  Co.  (C.  C.  A.  2nd  Cir.)  (supra). 

In  re  Kanter  and  Cohen  (C.  C.  A.  2nd  Cir.),  9  Am.  B.  R.  372;  121  Fed.  984;  58  C.  C. 
A.  260. 

In  re  Spitzer  (C.  C.  A.  2nd  Cir.),  12  Am.  B.  R.  346;  130  Fed.  879;  66  C.  C.  A.  35. 

See,  as  bearing  upon  right  to  such  stay.  Murphy,  2nd.  v.  John  Hofman  Co.  (U.  S. 
Sup.),  21  Am.  B.  R.  487;  rev'g  187  N.  Y.  548. 


FORM  No.  62. 

ORDER    DIRECTING    DELIVERY    OF    ASSETS    TO    TRUSTEE    SUBJECT 
TO  LIEN  FOR  FEES,  ETC. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the  

District  of   , 

held  at  the  Court  House,  City  of 

,  on  the    day  of 

,  19... 

Present  : 

Hon , 


District  Judge. 


In  the  Matter 

OF 


bankrupt. 


On  reading  and  filing  the  annexed  affidavit  of ,  attorney 

for   ,  temporary  receiver  of  the  estate  of  the  above 

named  bankrupt,  verified ,   ,  19. .,  and  due  notice  of  this 

application  having  been  given  to ,  the  trustee  herein, 

Now  on  motion  of  attorney  for  receiver,  it  is 


FORMS  IN  BANKRUPTCY.  109 

Ordered  that  the  said  receiver  be  and  he  is  hereby  authorized  and  directed 
to  turn  over  to  the  trustee  of  the  estate  of  the  above  named  bankrupt,  all  the 

assets  belonging  to  the  estate  herein  now  situated  at , 

in  the  City  of  

And  it  is  further  ordered,  that ,  the  said  trustee,  hold 

all  the  said  property,  when  the  same  shall  have  been  turned  over  to  him  by 
the  said  receiver,  subject  to  the  payment  of  all  indebtedness  incurred  by  the 
receiver  in  carrying  on  the  business  of  the  bankrupt  and  also  to  the  payment 
of  the  allowance  of  the  receiver  and  his  expenses  of  administration  and  the 
allowance  of  his  attorney,  the  amount  of  such  allowances  and  expenses  of 
administration  to  be  fixed  and  determined  hereafter  by  this  court. 


D.  J. 


FORM  No.  63. 

REPORT  OF  RECEIVER. 


United  States  District  Court, 

for  the  District  of 

To  the  United  States  District  Court, 

for  the  District  of 

In  Bankruptcy. 


In  the  Mattee 

OP 


bankrupt. 


No. 


I, ,  do  hereby  make  and  file  my  report  and  account 

as  temporary  receiver  of  the  estate  of  the  above  named  bankrupt : 

1.     I  was  appointed  temporary  receiver  herein  on  the day  of 

,  19 .  . . ,  and  required  to  file  a  bond  in  the  penalty  of 

($ ).  Having  been  notified  of  my  appoint- 
ment, I  obtained  a  certified  copy  of  the  order  thereof,  and  filed  my  bond  in 
the  penalty  required,  and  in  company  with  the  attorney  for  the  petitioning 

creditors,  I  visited  the  premises  of  the  alleged  bankrupt,  No 

Street, I  there  met  and  interviewed  , 

the  secretary  of  the  company,  and  others.     Subsequently  other  officers  of  the 


110  FORMS  IN  BANKRUPTCY. 

alleged  bankrupt  arrived  at  the  premises,  and  after  consultation  with  attorney, 
turned  over  the  premises  to  me.  I  placed  a  custodian  in  charge  of  the  premises 
and  took  possession  of  the  books,  etc.     I  found  that  the  bankrupt  was  a 

corporation,  engaged  in  the  manufacture  and  sale  of 

I  had  a  long  consultation  with  the  officers  of  the  company 

and  with  various  large  creditors,  in  regard  to  the  advisability  of  continuing  the 
business,  inasmuch  as  the  company  had  on  hand  orders  to  be  executed,  amount- 
ing to  about  $ ,  and  a  large  supply  of  material.     I  also  learned  that 

the  company  had  been  accustomed  to  obtain  advances  upon  all  its  invoices 
and  that  almost  all  of  the  accounts  due  the  company  had  been  assigned  for 

these  advances.     That  upwards  of  $ of  book  accounts  had  been  so 

assigned  and  no  estimate  could  be  then  formed  as  to  what,  if  any,  equity  the 
alleged  bankrupt  might  have  in  said  accounts. 

I  finally  decided  that  it  would  be  of  advantage  to  the  estate  to  apply  for 
an  order  authorizing  me  as  receiver  to  continue  the  business  for  a  period  of 
twenty  days,  with  leave  to  apply  for  a  further  extension,  if  desirable.  I 
directed  the  custodian  to  take  an  inventory  of  all  the  property  and  sent  all 
of  the  outstanding  insurance  policies  to  the  various  companies  for  transfer 
of  interest. 

2.  On ,  19. . .,  I  obtained  an  order  allowing  me  to  con- 
tinue the  business  for  a  period  of days.     I  called  an  informal 

meeting  of  the  creditors  to  meet  at  the  bankrupt's  premises,  attended  at  the 
said  meeting  and  remained  in  consultation  with  the  attorneys  and  creditors 
for  a  considerable  period.     Also  had  consultations  with  the  attorneys  for 

the  bankrupt  company  and    ,  attorneys  for  creditors. 

I  made  a  careful  examination  of  the  stock  on  hand  and  of  the  books,  employed 
an  expert  accountant  and  obtained  a  general  idea  of  the  condition  of  the 
business.  Revised  and  reduced  the  payroll  as  much  as  possible.  I  made 
arrangements  with  a  number  of  supply  houses  to  sell  goods  on  credit  and  had 
various  interviews  with  credit  men. 

[Insert  any  additional  or  special  allegations  as  to  services,  etc.] 

On ,  19.  . .,  I  obtained  the  consents  of  creditors  repre- 
senting a  majority  in  amount  of  claims,  for  an  order  extending  my  time  to 
run  the  business  for  an  additional  twenty  days,  inasmuch  as  there  were  a 
large  number  of  unfilled  orders  yet  on  hand  and  an  order  was  signed  to  that 
effect.     Subsequently  I  verified  a  petition  for  the  appointment  of  appraisers 

and  for  a  sale.    On ,  19.  . .,  an  informal  meeting  of  creditors 

was  held  on  the  bankrupt's  premises,  for  which  I  prepared  a  detailed  state- 
ment of  the  general  condition  of  the  business. 

That  in  carrying  on  the  business  of  the  bankrupt  company  it  was  necessary 
for  me  to  devote  a  large  amount  of  time  to  the  details  of  the  said  business  and 
to  visit  the  premises  of  the  bankrupt  frequently.     That  I  employed  about 

persons,  including  the  factory,  office  and   sales   departments 

and  the  weekly  payroll  averaged  $ to  $ That  at  the  time  I 

commenced  to  carry  on  the  business,  there  were  about  $ in  orders 


FORMS  IN  BANKRUPTCY.  ill 

on  hand  and  I  subsequently  obtained  about  $ additional  orders. 

That  as  receiver  I  purchased  merchandise  and  supplies,  amounting  to  about 
$ ,  as  shown  in  Schedule  B.  hereto  annexed. 

I  manufactured,  filled  and  shipped  all  of  the  orders  above  mentioned,  which 
were  deemed  profitable  to  fill.  Annexed  hereto  is  my  verified  account  as 
receiver,  showing  receipts  and  disbursements  in  the  conduct  of  the  business. 
The  merchandise  and  plant  were  sold  at  public  auction  pursuant  to  order 
of  this  court. 

I  have  received  no  compensation  for  my  services  as  receiver  and  in  conduct- 
ing the  business  of  the  bankrupt  under  the  order  of  this  court. 

Wherefore,  I  respectfully  pray  that  my  said  account  be  passed  as  filed,  that 

suitable  allowances  be  made  to  ,  my  attorneys  and  to  the 

duly  appointed  appraisers  and  to  myself  as  receiver,  and  for  carrying  on  the 
business  of  said  bankrupt,  and  that  I  be  discharged  as  receiver  herein. 

All  of  which  is  respectfully  submitted. 

Dated , ,  19... 

Receiver. 


FORM  No.  64. 

RECEIVER*S  ACCOUNT  AND  OATH  TO  SAME. 


United  States  District  Court, 

District  of   . 

In  Bankruptcy. 

In  the  Matter 

OF 


>    No. 


Bankrupt. 


Account  of  ,  Receiver. 

RECEIPTS. 

I  charge  myself  as  follows : 


19. 


113  FORMS  IN  BANKRUPTCY. 


Total  receipts  

DISBURSEMENTS. 

I  credit  myself  as  follows: 


19, 


Total  disbursements. 


I 

9 

SUMMARY  STATEMENT.  3 


Total  receipts 

Total  disbursements 


Balance  in  hands  of  Receiver. 
Dated , ,19... 


Receiver. 
United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


^No. 


bankrupt. 


On  th^^. day  of ,  19 . . . ,  before  me  comes 

110! . ,  and  makes  oath  and  says  he  was  on  the   day  of 

,  19.  .  .,  appointed  temporary  receiver  of  the  estate  and  effects 

of  the  above  named  bankrupt;  that  as  such  receiver  he  has  conducted  the 
administration  of  the  estate;  that  the  account  hereto  annexed,  containing 


FORMS  IN  BANKRUPTCY.  113 

sheets  of  paper,  subscribed  by  him  is  true,  and  such  account  con- 
tains entries  of  every  sum  of  money  received  by  the  said  receiver  on  account 
of  the  estate  of  the  above  named  bankrupt,  and  that  the  payments  purporting 
in  such  account  to  have  been  made  by  such  receiver,  have  been  so  made  by 
him,  and  he  asks  to  be  allowed  for  such  payments  and  expenses  as  charged 
in  said  account. 


Subscribed  and  sworn  to  before  me  at  the  City  of   ,  in  the 

District  of ,  this day  of ,  19 .  . . 

[Annex  vouchers  for  all  payments.] 

NOTES. 

See,  Act,  Sees.  48  (d)  and  (e),  2,  (5),  72,  as  amended  1910.  See,  also.  Rule 
XL.  for  Southern  District  of  New^  York. 

Exceptions  to  account  should  be  verified. 
In  re  Ketterer  Mfg.  Co. ,  19  Am.  B.  R.  646  ;  155  Fed.  987. 

A  receiver  will  be  allowed  appraisers'  fees  paid  by  him,  although  trustee  dissatisfied 
therewith  has  a  new  appraisal  made. 

In  re  Kyte,  19  Am.  B.  R.  768  ;  158  Fed.  121. 
Insurance  premiums  allowed.     In  re  Kyte  (supra). 

Compensation  of  receivers. 

In  re  Sully  (N.  Y.),  13  Am.  B.  R.  22  ;  133  Fed.  997. 

In  re  Adams  Sartorial  Co.,  4  Am.  B.  R.  107  ;  101  Fed.  215. 

In  re  Kelley  Dry  Goods  Co.,  4  Am.  B.  R.  528  ;  102  Fed.  747. 

In  re  Scott,  3  Am.  B.  R.  625  ;  96  Fed.  607. 

In  re  T.  E.  Hill  Co.  (Bither  v.  Coleman),  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  73  ;  159 
Fed.  73  ;  86  C.  C.  A.  263. 

Contra.     In  re  Cambridge  Lumber  Co.  14  Am.  B.  R.  168  ;  136  Fed,  983. 

In  re  Richards  (D.  C.  :Mass.),  11  Am.  B.  R.  581  ;  127  Fed.  77. 

See  In  re  Mammoth  Piue  Lumber  Co.,  8  Am.  B.  R.  651  ;  116  Fed.  731. 

Dunlap  Hardware  Co.  v.  Huddleston  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  731. 

Compensation  for  continuing  bankrupt's  business. 

In  re  Kirkpatrick  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  594  ;  148  Fed.  811  ;  78  C.  C.  A. 
501  ;  In  re  Borgenson  Co.,  18  Am.  B.  R.  178  ;  151  Fed.  780  ;  In  re  Sully  (D.  C.  N.  Y.). 
(supra). 

See  contra  In  re  Cambridge  Lumber  Co.  (D.  C.  Mass.),  (nupra).  In  re  Richards  (D.  C. 
Mass.),  (supra). 

[These  vexed  questions  are  no-w  put  at  rest  by  Amendments  of  1910  Sec. 
48  (d)  and  (e)  as  amended.] 

Petitioning  creditors  may  be  charged  upon  dismissal  of  an  involuntarj'  petition  with 
receiver's  fees,  costs  and  expenses. 

In  re  Lacov  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  290  ;  142  Fed.  960  ;  74  C.  C.  A.  130  ; 
Beach  v.  Macon  Grocery  Co.  (C.  C.  A.  5th  Cir.),  8  Am.  B.  R.  751  ;  116  Fed.  143  ;  53  C.  C. 
A.  463. 

In  re  T.  E.  Hill  Co.  (D.  C.  N.  Y.),  20  Am.  B.  R.  73  ;  159  Fed.  73  ;  86  C.  C.  A.  263. 

Compensation  of,  when  petition  has  been  dismissed. 

Authority  to  compensate  passed  to  court  making  the  adjudication. 

In  re  Sears  Humbert  &  Co.,  10  Am.  B.  R.  389  ;  128  Fed.  275  ;  62  C.  C.  A.  623. 

"When  proceeding  is  removed  to  another  district,  the  court  originally  appointing  the 
receiver  should  fi.x  his  compensation. 

In  re  Isaacson  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  98  ;  174  Fed.  406. 


114 


FORMS  IN  BANKRUPTCY. 


FORM  No.  65. 

NOTICE   OF   HEARING   UPON  RECEIVER'S  ACCOUNTS   BEFORE 

MASTER. 

United  States  District  Court, 

District  of !: 

In  Bankruptcy. 


In  the  Mattbe 

OF 


Bankrupt. 


Sir: 

Please  to  take  notice  that  the  report  and  account  of  , 

receiver  herein,  and  the  application  for  an  allowance  of  

attorneys  for  the  receiver,  and  of ,  attorney  for  the  petition- 
ing creditors,  and  of  the  appraisers  herein,  were  this  day  duly  filed  in  the 

office  of  the  clerk  of  this  court,  and  have  been  duly  referred  to , 

as  Special  Master  (or  Referee),  for  examination,  testimony  and  report,  and 

that  a  hearing  will  be  had  thereon  before   ,  as  such  Special 

Master  (or  Referee),  at  his  office, ,  in  the  City  of 

,  on  the day  of ,  19 ... ,  at o'clock 

in  the noon  of  that  day,  or  as  soon  thereafter  as  counsel  can  be  heard. 

Yours,  etc.. 

Dated , ,19... 


Attorneys  for  Receiver, 


To 


,  Esq., 

Trustee. 


No. 


City  of 


FORMS  IN  BANKRUPTCY.  115 

FORM  No.  66. 

OBJECTIONS   TO   RECEIVER'S   ACCOUNT. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 

In  the  Matter 

OP 


bankrupt. 


No. 


,  trustee  in  bankruptcy  herein,  appearing  by 

,  his  attorney,  and  objecting  to  the  account  filed 

by ,  temporary  receiver  herein,  shows  and  alleges : 

1.     (Set  forth  objections  specifically.) 


2. 


Wherefore  the  trustee  herein  respectfully  prays  that  the  account  of  said 

,  temporary  receiver,  be  not  allowed  as  to  the  matters 

above  set  forth  and  that  said  receiver  be  directed  to  account  for  and  turn 
over  to  the  trustee  the  following : 

Dated,   ,  ,  19... 

Trustee. 


(Verification.) 

NOTES. 

Exceptions  to  Receiver's  account. 

Objections  should  be  made  promptly. 
Reexamination  not  allowed  where  there  has  been  laches. 
In  re  Reliance  Storage  &  Warehouse  Co.,  4  Am.  B.  R.  49  ;  100  Fed.  619. 
Account  should  not  be  surcharged  with  losses  on  sales  during  continuance  of  business 
under  order. 

In  re  Isaacson  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  98  ;  174  Fed.  406. 


116  FORMS  IN  BANKRUPTCY. 

FORM  No.  67. 

PETITION  FOR  ALLOWANCE  BY  ATTORNEY  FOR  RECEIVER. 

United  States  District  Court, 

for  the    District  of   : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


^No. 


To  the  United  States  District  Court, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  he  is  an  attorney  at  law  and  admitted  to  practice  in  this  court; 

that  on  the   day  of  ,  19 .  . .,  your  petitioner  was 

retained  by ,  Esq.,  temporary  receiver  of  the  estate  of  the 

above  named  bankrupt,  as  his  counsel,  and  on  the day  of , 

19,  . .,  an  order  was  duly  made  and  entered  herein  to  that  effect. 

2.  That  the  said  bankrupt  was  engaged  in  business  at  as 

follows :    

3.  That  petitioner  has  rendered  the  following  services  for  the  receiver 
herein : 

[Here  set  forth  specifically  and  at  length  all  services  performed  for  receiver 
and  for  the  benefit  of  the  estate.] 

4.  Your  petitioner  has  actually  incurred  necessary  expenses  and  disburse- 
ments on  behalf  of  this  estate,  amounting  to  $ ,  as  follows: 

That  same  has  not  been  repaid  to  petitioner. 

5.  That  petitioner  has  received  no  compensation  for  the  services  herein- 
before stated  to  have  been  rendered  by  him  as  attorney  for  the  said  receiver. 
(That  annexed  hereto  is  a  transcript  of  petitioner's  register,  marked  Schedule 
"A,"  showing  in  detail  the  services  as  hereinbefore  specified.) 

Wherefore,  your  petitioner  respectfully  prays,  that  a  suitable  allowance  be 
made  to  him  for  his  services  as  attorney  for  the  receiver  herein  and  in  addition 

thereto  the  sum  of  $ disbursements  necessarily  incurred  as  such 

attorney. 

Petitioner. 
(Verification.) 


FORMS  IN  BANKRUPTCY.  117 

NOTES. 

Compensation  of  Attorney  for  Receiver. 

Allowed  compensation  for  services  rendered  in  behalf  of  estate  or  for  its  benefit. 
In  re  T.  E.  Hill  Co.  (C.  C.  A.  7th  Cir.),  30  Am.  B.  R.  73  ;  159  Fed.  73  ;  86  C.   C.  A. 
263. 

In  re  Ketterer  Mfg.  Co.,  19  Am.  B.  R.  646  ;  155  Fed.  987. 

No  allowance  for  services  in  interest  of  petitioning  creditors,  who  are  his  clients. 

In  re  Oppenheimer,  17  Am.  B.  R.  59  ;  146  Fed.  140. 

Receiver  should  engage  independent  counsel. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528  ;  102  Fed.  748. 

lu  re  Zier  (C.  C.  A.  7th  Cir.),  15  Am.  B.  R.  646  ;  142  Fed.  102  ;  73  C.  C.  A.  326. 

Compensation  of  Attorney  for  Petitioning  Creditors. 

In  re  Southern  Steel  Co.,  169  Fed.  702.  In  re  Baxter  &  Co.  (C.  C.  A.  2nd  Cir.),  154 
Fed.  22  ;  83  C.  C.  A.  106. 

In  re  Young,  16  Am.  B.  R.  106  ;  142  Fed.  891. 

In  re  Hart  &  Co.,  16  Am.  B.  R.  725. 

In  re  Felsen,  15  Am.  B.  R.  185  ;  139  Fed.  275. 

In  re  Goldville  Mfg.  Co.,  10  Am.  B.  R.  552  ;  123  Fed.  579. 

In  re  Carr,  9  Am.  B.  R.  58  ;  117  Fed.  572. 

Smith  V.  Cooper,  9  Am.  B.  R.  755  ;  120  Fed.  230. 

In  re  Curtiss,  4  Am.  B.  R.  17  ;  100  Fed.  784. 

In  re  Burns,  3  Am.  B.  R.  296  ;  97  Fed.  926. 

In  re  Silverman  &  Schoor,  3  Am.  B.  R.  227  ;  97  Fed.  325. 

In  re  Stratemeyer,  14  Am.  B.  R.  120. 

No  fee  for  filing  a  second  petition. 

Frank  v.  Dickey  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  155  ;  139  Fed.  744  ;  77  C.  C.  A.  562. 

When  divided  upon  consolidation  of  petitions. 

In  re  McCracken  &  McLeod,  12  Am.  B.  R.  95  ;  129  Fed.  621. 

Attorneys  who  file  a  petition  defective  and  insufficient  to  warrant  an  adjudication, 
which  was  made  by  other  creditors  on  another  petition  are  not  entitled  to  an  allowance  of 
fees  from  estate. 

In  re  Fischer  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  427  ;  175  Fed.  531. 


118  FORMS  IN  BANKKUPTOY. 

FORM  No.  68. 

REPORT  OF  SPECIAL  MASTER   ON  RECEIVER'S  ACCOUNT. 

United  States  District  Court, 

District  of  : 


In  the  Matter 

OF 


Bankrupt. 


>     In  Bankruptcy  No. 


To  tlie  Honorable,  .  . .' 

Judge  of  the  above  named  Court : 

I, ,  one  of  the  Referees  in  Bankruptcy,  to  whom,  as  Special 

Master,  have  been  referred  the  report  and  account  of ,  as 

temporary  receiver  herein,  together  with  the  application  of  the  said  receiver 
for  an  allowance  in  payment  of  his  services  and  disbursements  as  such ;  and 

also  the  application  of ,  for  an  allowance  in  payment  of  his 

services  and  disbursements  as  attorney  for  the  said  receiver;  and  also  the  appli- 
cation of , ,  and , 

for  an  allowance  for  their  services  as  appraisers  appointed  by  the  court  to 
appraise  the  estate  of  the  bankrupt  in  the  hands  of  the  said  temporary  receiver, 
having  been  duly  attended  by  the  parties  and  having  heard  and  considered 
the  allegations  and  proofs,  do  hereby  respectfully  report  as  follows: 

I  was  duly  attended,  upon  the  hearings  herein,  by    ,  the 

said  temporary  receiver  and  by ,  his  attorney,  by 

,  the  duly  appointed  trustee  in  bankruptcy  herein  and  certain 

creditors.    No  objections  were  made  or  filed  to  the  account  of  the  said  receiver. 

I  have  carefully  examined  the  said  report  and  account,  together  with  the 
vouchers  submitted  in  support  thereof,  and  find  the  same  in  all  respects 
correct  and  true,  and  recommend  that  same  be  passed  and  allowed  as  filed. 

The  petition  was  filed  herein  on  the day  of ,  19 .  . . 

The  bankrupt  was  adjudicated  on  the day  of ,  19 ... . 

The  said  temporary  receiver  was  duly  appointed ,  19.  .,  and  imme- 
diately qualified  and  took  possession  of  the  bankrupt's  property  and  effects. 
was  appointed  trustee ,  19 . . . 

The  bankrupt  was  engaged  in  business  as  a and  had 

places  of  business,  one  at ,  and  another  at , 

both  in  the  City  of   The  receiver,  ]nirsuant  to  order  of  the 


FORMS  IN  BANKRUPTCY.  119 

court,  sold  all  the  property  of  the  bankrupt  found  in  the  stores  mentioned  at 

public  auction.     The  gross  amount  realized  from  this  sale  was  $ 

From  this  the  auctioneer  deducted,  for  his  services  and  disbursements,  the 

sum  of  $ ,  leaving  as  the  net  result  of  the  sale,  $ This 

is  all  that  the  estate  has  as  yet  recovered,  although  it  appears  that  the  receiver 
and  his  attorneys  believe  that  further  sums  may  be  recoverable. 

A  summary  account  of  the  receiver's  cash  is  as  follows:     He  has  received 

in  all  the  sum  of $ and  he  has  disbursed  in  all  the 

sum  of  $ ,  leaving  a  balance  in  his  hands  of 


I  think  that  the  receiver  discharged  all  the  duties  required  of  him  as  such 
in  an  excellent  manner.  His  attorney,  also,  acted  with  due  diligence  in  the 
discharge  of  the  duties  required  by  him.  Much  of  the  services  shown  by  the 
receiver's  attorney  consists  of  examination  of  the  bankrupt  and  others,  for 
the  purpose  of  discovering  assets  and  obtaining  evidence  upon  which  to  base 
proceedings  for  the  recovery  of  property  believed  to  have  been  wrongfully  taken 
from  the  estate.     These  services  seem  to  have  been  rendered  with  diligence. 

I,  therefore,  respectfully  recommend  that  the  said  temporary  receiver  make 
the  following  disposition  of  the  funds  in  his  hands: 

a.     That  he  shall  retain  in  full  compensation  for  his  services  as  receiver 

as  aforesaid,  the  sum  of   $ ,  and  in  addition  thereto, 

the  sum  of  $ for  disbursements,  in  all  the  sum  of 


b.  That  he  shall  pay  to  ,  for  his  services  as  attorney 

for  the  said  receiver,  the  sum  of $ ,  and  in  addition 

thereto  the  sum  of $ for  his  disbursements,  making 

in  all  the  sum  of $ 

c.  That  he  pay  to  each  of  the  appraisers  herein,  the  sum  of  $ in 

full  compensation  for  services  as  such,  making  in  all $ 

d.  That  he  shall  pay  to  the  undersigned,  Special  Master,  in  full  compen- 
sation for  his  services  and  disbursements  in  this  proceeding,  the  sum  of 

$ ,  and  that  having  made  the  aforesaid  payments,  he 

shall  pay  over  the  amount  then  remaining  in  his  hands  to , 

as  trustee  in  bankruptcy  herein,  and  that  upon  making  such  payments,  the 

said  be  discharged  as  such  temporary  receiver,  and  his 

bond  cancelled. 

All  of  which  is  respectfully  submitted. 
Dated,  , ,  19... 


Special  Master, 
(or  Referee.) 


120  FOKMS  IN  BANKKUFTOY. 


FORM  No.  69. 

NOTICE  OF  MOTION  TO  CONFIRM  REPORT  OF  SPECIAL  MASTER  ON 

RECEIVER'S  ACCOUNT. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


bankrupt. 


Sir: 

You  will  please  take  notice,  that  upon  the  receiver's  report,  account  and 

all  the  proceedings  had  herein,  and  upon  the  report  of ,  Esq., 

Special  Master  (or  Referee),  dated  the day  of ,  19.  . ., 

the  undersigned  will  respectfully  move  this  court  at  a  stated  term  thereof  to 

be  held  in  the  Federal  Court  House,  City  of ,  on  the 

day  of ,  19.  . ,,  at o'clock M.,  of  said  day,  or  as 

soon  thereafter  as  counsel  can  be  heard,  for  an  order  in  all  respects  confirming 

the  report  of  ,  Esq.,  Special  Master   (or  Referee),  passing 

and  allowing  the  receiver's  accounts  herein  and  making  allowances  for  services 
to  the  receiver,  his  counsel,  and  the  appraisers,  and  for  such  other  and  further 
relief  as  may  be  just  and  proper. 

Dated   ,   ,   19.  .. 

Yours,  etc.. 


Attorneys  for  Receiver, 
Office  and  P.  0.  Address, 

St., 


To 

,  Esq., 

Trustee, 


FORMS  IN   BANKRUPTCY.  121 


FORM  No.  70. 

ORDER  CONFIRMING  REPORT  OF  SPECIAL  MASTER  ON  RECEIVER'S 

ACCOUNT. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

Court  House,  City  of ,  on  the 

day  of 19... 

Present  : 


Honorable   

District  Judge. 


In  the  Matter 

OF 


bankrupt. 


y    No. 


,  temporary  receiver  of  the  above  named  bankrupt, 

having  presented  his  account  and  vouchers  in  support  thereof,  and  having 
moved  to  confirm  his  report  and  that  allowances  be  made  to  the  said  receiver 
and  to  his  counsel  for  their  services,  and  to  the  attorneys  for  the  petitioning 
creditors,,  etc.,  and  an  application  having  thereupon  been  made  to  confirm 
and  approve  the  said  account  and  make  such  allowances,  and  the  said  matters 

having  been  referred  to  ,  Esq.,  as  Special  Master,  and  the 

said  Special  Master  having  filed  his  report  thereon,  dated  day  of 

,19--., 

Now  after  hearing ,  Esq.,  of  counsel  for  the  receiver,  in  sup- 
port of  said  application,  and  due  deliberation  having  been  had  thereon,  upon 
reading  and  filing  the  report  of  the  said  Special  Master,  the  account  and  report 
of    ,  receiver  herein,  it  is 

Ordered :— That  the  report  of ,  Esq.,  Special  Master  (or 

Referee)  appointed  herein,  be,  and  the  same  hereby  is  in  all  respects  confirmed 
and  approved, 

And  it  is  further  ordered  : — That  the  account  of ,  temporary 

receiver  of  the  property,  assets  and  effects  of  ,  bankrupt 

above  named,  be,  and  the  same  hereby  is  in  all  things  allowed,  approved  and 
confirmed. 


122  FORMS  IN  BANKRUPTCY. 

And  it  is  further  ordered: — That ,  temporary  receiver  herein, 

be,  and  he  hereby  is,  allowed  for  his  services  the  sum  of  $ 

and  that  the  disbursements  expended  by  him  in  the  safe 

administration  and  preservation  of  the  estate  and  heretofore  deducted  by 
him,  be  and  the  same  hereby  are  allowed. 

And  it  is  further  ordered: — That ,  temporary  receiver  herein, 

pay  to the  sum  of  $ as  and  for  an  allowance  to 

them  as  attorneys  for  the  receiver  herein  and  the  further  sum  of  $ 

disbursements  incurred  and  expended  on  behalf  of  the  receiver  in  the  safe 
administration  and  preservation  of  the  estate  herein,  and  amounting  in  the 
aggregate  to  the  sum  of  $ 

And  it  is  further  ordered : — That ,  temporary  receiver  herein, 

pay  to  ,  ,  and   ,  the 

sum  of  $ each  for  services  rendered  by  them  as  appraisers  herein. 

And  it  is  further  ordered,  that ,  temporary  receiver  herein, 

pay  to  ,  Esq.,  the  Special  Master  herein,  the  sum  of 

$ for  his  services  and  disbursements  on  this  accounting. 

And  it  is  further  ordered  : — That    ,  temporary  receiver 

herein,  after  making  the  payments  as  herein  directed,  pay  the  balance  re- 
maining in  his  hands  to ,  trustee  in  bankruptcy  herein. 

And  it  is  further  ordered  : — That  upon  making  such  payments , 

temporary  receiver  herein,  be  discharged  as  receiver  of  the  property,  assets 
and  effects  of  the  above  named  bankrupt,  and  that  the  bond  given  by  him  for 
the  faithful  performance  of  his  duties  be  cancelled  and  discharged,  and  the 
sureties  thereon  released  from  any  and  all  liability  thereunder  (and  that  the 
bond  given  by  the  petitioning  creditor  upon  whose  application  the  receiver 
was  appointed  herein  under  Section  3,  sub-division  e  of  the  Bankruptcy  Act, 
be  cancelled  and  annulled,  and  the  sureties  thereon  exonerated  from  any  and 
all  liability  thereunder.) 


D.J. 


NOTES. 


Adjudication  as  to  receiver's  accounts  not  a  bar  to  suit  against  third  person  to  recover 
property;  Whitney,  Trustee  v.  Wenman  et  al.  14  Am.  B.  R.  591;  140 Fed.  959. 


FORMS  IN  BANKRUPTCY.  123 

FORM  No.  71. 
ORDER  VACATING  APPOINTMENT  OF  RECEIVER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

Court  House,  City  of ,  on  the 

day  of 19... 

Present  : 


Hon 

District  Judge. 

In  the  Matter 

OF 


Alleged  Bankrupt. 


Application  having  been  made  on  behalf  of ,  a  creditor  of 

the  above  named  ,  for  an  order  vacating,  annulling  and  in 

all  respects  setting  aside  the  order  made  herein  by  the  Hon , 

District  Judge,  bearing  date  the day  of ,  19.  . .,  appoint- 
ing   ,  temporary  receiver  of  the  goods,  wares,  merchandise,  &c., 

of  ,  alleged  bankrupt,  and  containing  further  provisions  as 

will  more  fully  appear  by  reference  to  the  said  original  order  on  file  in  this 
court;  and  said  application  having  come  on  for  hearing,  upon  the  papers 

and  proceedings  herein  and  upon  due  notice  given  to  the  said , 

the  receiver  so  appointed,  and  to ,  Esq.,  the  attorney  for  the 

above  named  petitioning  creditors  herein. 

Now,  upon  reading  and  filing  the  petition  of duly  verified, 

and  the  affidavit  of duly  verified,  and  after  hearing 

,  of  counsel  for  said in  support  of  said  application, 

and  ,  the  said  receiver,  and   ,  the  attorney 

for  the  above  named  petitioning  creditors,  in  opposition  thereto;  and  it  appear- 
ing from  the  pleadings  and  proceedings  herein  that  the is  a 

corporation  engaged  in  the  business  of ,  and  is  not  a  commercial 

corporation  as  contemplated  by  the  Bankruptcy  Act  as  amended;  and  due  de- 
liberation having  been  had. 

Now  on  motion  of ,  attorneys  for  said , 

it  is 


124 


FORMS  IN  BANKRUPTCY. 


Ordered,  that  said  motion  be  and  the  same  hereby  is  in  all  respects  granted, 

and  the  said  order  made  by  the  Hon ,  District  Judge,  bearing 

date  the day  of ,  19 ... ,  appointing  the  said 

,  temporary  receiver  of  said and  containing 

other  provisions,  be  and  the  same  hereby  is  in  all  respects  vacated  and  set  aside. 


D.  J. 


NOTES. 


Vacating  Receivership. 

Discretionary  with  Court. 

In  re  Church  Construction  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  549;  157  Fed.  298. 
Motion  to  Vacate. 

In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  354;  135  Fed.  742;  68   C.  C.  A.  340. 
Effect  of  dismissal. 

Receiver  must  restore  property  intact  without  any  deductions  for  services  or  disburse- 
ments, or  those  of  attorney. 

In  re  Sears,  Humbert  &  Co.  10  Am.  B.  R.  389;  128  Fed.  275. 


FORM  No.  72. 

ORDER  AUTHORIZING  ISSUANCE  OF  RECEIVER'S  CERTIFICATES. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the  

District  of    ,  held   at  the 

Court  House,  City  of ,  on  the 

day   of    19... 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 
OP 


Alleged  Bankrupt. 


,  the  receiver  herein,  having  presented  his  petition  duly 

verified  to  this  court  praying  that  he  be  allowed  to  issue  receiver's  certificates 


FORMS  IN  BANKRUPTCY.  125 

for  funds  required  by  him  in  the  immediate  operation  and  continuance  of  the 
alleged  bankrupt's  business : 

And  the  matter  having  come  on  to  be  heard,  and  after  hearing 

,  Esq.,  of  counsel  for ,  the  alleged  bankrupt,  and 

,  attorney  for  petitioner  (or  lienors),  and  upon  reading 

and  filing  the  said  petition  tiie  affidavit  of ,  duly  verified, 

and  notice  of  application  and  presentation  thereof,  and  upon  the  order  author- 
izing the  receiver  to  continue  the  business  and  the  other  proceedings  herein 
had,  and  due  consideration  thereof  having  been  had, 

Now,  on  motion  of ,  attorneys  for  the  receiver,  it  is 

Ordered : — That  the  motion  be,  and  the  same  hereby  is  granted,  and  that 
,  the  temporary  receiver  herein,  be  and  he  hereby  is  author- 
ized to  issue,  negotiate  and  dispose  of  receiver's  certificates  to  the  extent  of 

and  not  exceeding  the  sum  of  $ to  raise  funds  for  the  use  of  the 

receiver  in  the  continuance  and  operation  of  the  business  of  the  said  alleged 
bankrupt. 

x4nd  it  is  further  ordered,  that  the  said  certificates  so  to  be  issued  by  the 
said  receiver  shall  be  in  the  words  and  figures  following: 

[Here  insert  proposed  form  of  certificate.] 


And  it  is  further  ordered : — That  the  earnings,  income,  profits,  property  and 

estate  of  the  said in  the  custody  of  the  said  receiver,  as  well 

as  his  successor  or  successors  in  office,  or  to  hereafter  come  into  the  possession 
of  a  trustee  when  appointed  in  the  said  matter,  are  expressly  charged  with 
a  lien  for  said  certificates  upon  the  said  property  and  estate,  as  by  the  terms 
of  the  said  order  will  more  fully  appear,  and  the  payment  of  said  certificates 
shall  be  made  out  of  and  from  the  property  and  assets  of  said  company  subject 

only  to  the  lien  of  a  certain  mortgage  or  mortgages  to  of 

as  trustee,  or  otherwise,  securing  the  payment  of  the  bonds 

of  the  said of ,  issued  in  the  principal  sum 

of  $ ,  and  to  the  rights,  claims  and  demands  of  the  holders  and 

pledgees  of  said  bonds. 

And  it  is  further  ordered: — That  the  said  funds  as  raised  by  the  receiver  out 
of  and  from  the  sale  and  negotiation  of  the  said  certificates  shall  be  used, 
and  applied  solely  and  exclusively  for  the  operation,  administration,  and 
expenses  of  the  business  of  the  said  alleged  bankrupt. 

And  it  is  further  ordered : — That  the  clerk  of  this  court  shall  after  the  said 
receiver  shall  have  signed  said  certificates,  certify  under  his  hand  and  the 
seal  of  this  court  said  certificates  so  subscribed  by  the  said  receiver  in  the 
manner  and  form  following: 

"  Certificate  of  the  Clerk  of  the  District  Court  of  the  United  States  for  the 
District  of 


126  FORMS  IN  BANKRUPTCY. 

I, ,  Clerk  of  the  District  Court  of  the  United  States  for 

the  District  of ,  do  hereby  certify  that  the  foregoing  certificate 

or  instrument  of  indebtedness  signed  by   ,  as  receiver  of 

,  is  one  of  a  series  of  certificates  mentioned  in  and 

authorized  by  the  order  of  the  District  Court  of  the  United  States  for  the 

District  of ,  made  and  entered  on  the 

day  of ,  19 . . , ,  '  In  the  Matter  of ,  (alleged)  bank- 
rupt/ pending  in  the  said  court  upon  the  bankruptcy  side  of  the  said  court. 


Clerk." 
D.  J. 


FORM  No.  73. 

RECEIVER'S    CERTIFICATE. 

RECEIVER'S  CERTIFICATE. 

Know  all  men  by  these  presents : 

That  I, ,  as  receiver  of  the Company 

of   ,  duly  appointed  as  such  receiver  by  an  order  of  the 

District  Court  of  the  United  States  for  the District  of 

,  in  the  certain  proceedings  in  bankruptcy  therein  pending  against 

the  said Company  of ,  am  indebted 

to  the  bearer  in  the  sum  of  One  Thousand  Dollars  ($1,000),  which  I,  the 

said   ,  as  such  receiver,  or  my  successor  or  successors  as 

such  receiver  or  receivers  (or  trustee  when  appointed)  of  the  property  and 

estate  of  the  Company  of  ,  promise  as 

such  receiver,  and  not  individually,  to  pay  to  the  bearer  on  or  before  the 

day  of ,  19 .  . .  at  the  office  of  the 

Trust  Company,  No Street,  in  the  City  of ,  with 

interest  thereon  from  the  day  and  date  thereof  at  the  rate  of per 

cent.    ( %)    per  annum,   payable  semi-annually,   at  the  office   of  said 

Trust  Company  upon  presentation  hereof  at  the  said  Trust 

Company,  both  principal  hereof  and  interest  hereon  being  payable  only  out  of 


FORMS  IN  BANKRUPTCY.  127 

the  property  and  estate  of  tlie Company  of , 

or  the  proceeds  or  the  income  thereof  in  the  hands  of  the  receiver  or  receivers 
aforesaid  or  any  trustee  in  bankruptcy  hereafter  appointed. 

This  certificate  of  indebtedness  is  issued  by  the  said  receiver  pursuant  to 

the  order  of  the  said  District  Court  of  the  United  States  for  the 

District  of ,  and  is  one  of  a  series  of  like  tenor  and  effect  numbered 

consecutively  from  one  to  fifty,  both  inclusive,  and  is  issued  in  the  Matter  of 

the Company  of ,  pending  in  the  said  District 

Court  of  the  United  States  for  the District  of  ,  in 

accordance  with  the  said  order  duly  made  and  entered  in  the  said  District 

Court  on  the  day  of  ,  19,  . .,  to  which  order  reference 

is  here  made  and  which  said  order  is  hereby  made  a  part  thereof  as  though 
herein  expressly  incorporated. 

All  and  every  of  said  certificates  of  indebtedness  issued  under  the  said  order 
of  the  said  District  Court  of  the  United  States  are  equally  secured  without 
preference  of  the  one  over  the  other,  by  and  in  the  manner  set  forth  in  said 
order  of  the  District  Court  of  the  United  States,  and  will  be  paid  and  pro- 
vided for  by  the  said  District  Court  of  the  United  States  in  and  by  a  proper 
decree  or  order  in  the  said  matter. 

By  the  terms  of  the  said  order  the  earnings,  income,  profits,  property  and 

estate  of  the  said Company  of ,  in  the  custody 

of  the  said  receiver,  as  well  as  his  successor  or  successors  in  office  or  to  here- 
after come  into  the  possession  of  a  trustee  when  appointed  in  the  said  matter, 
are  expressly  charged  with  a  lien  upon  the  said  property  and  estate,  as  by 
the  terms  of  the  said  order  will  more  fully  appear,  and  the  payment  of  said 
certificates  shall  be  subject  to  the  rights,  claims  and  demands  of  the  holders 

of  the  express  liens,  if  any,  upon  the  bonds  of  the Company 

of  ,  numbered  to  consecutively,  both  in- 
clusive, issued  in  the  sum  of  $ ,  and  secured  by  the  certain  mortgage 

or  mortgages  to  the  Trust  Company  of  New  York  as  Trustee, 

or  otherwise,  to  secure  the  payment  of  the  said  bonds  and  each  and  every  of 
them  as  aforesaid,  to  the  lien  of  which  mortgages  and  the  claims  of  the  holders 
of  the  bonds  secured  thereby  said  certificates  are  expressly  made  subject,  and 
that  otherwise  the  said  certificates  shall  have  precedence  and  priority  over  all 
other  liens,  claims  and  demands  against  the  aforesaid  property  and  estate  of 
the  Company  of  

And  it  is  further  understood  and  agreed  that  this  certificate  shall  become 

due  and  payable    (••••)    months  after  the  date  thereof  unless 

sooner  paid  by  the  said  receiver  pursuant  to  the  order  or  decree  of  the  said 
District  Court,  and  in  the  event  of  its  non-payment  by  the  said  receiver  as  afore- 
said, may  be  enforced  by  the  holder  thereof  in  any  proper  action  or  proceeding. 

This  certificate  of  indebtedness  shall  not  become  effective  and  valid  until 
authenticated  by  the  Clerk  of  the  District  Court  of  the  United  States  for  the 

District  of ,  under  his  seal  by  endorsement  upon 

the  back  of  this  certificate  executed  by  the  said  Clerk  of  the  said  Court. 


128  FORMS  IN  BANKRUPTCY. 

Neither  I,  the  said   ,  individually  or  as  receiver,  nor  any 

other  receiver  or  receivers  in  the  trust  aforesaid,  undertake,  incur  or  assume 
any  liability  whatsoever  other  than  as  receiver,  to  pay  the  said  certificates 
and  the  interest  thereon  out  of  the  earnings,  profits,  income,  property  and 

estate  of  the  Company  of  ,  and  shall  in  no 

event  be  liable  other  than  for  the  proper  application  of  the  said  earnings, 
profits,  income,  property  and  estate  applicable  to  the  payment  of  this  certifi- 
cate subject  to  the  orders  of  the  said  District  Court  of  the  United  States. 

In  witness  whereof,  the  said ,  as  receiver  of 

Company  of ,  has  pursuant  to  the  order  of  said  court  here- 
unto set  his  hand  and  seal,  at  the  City  of  ,  in  the  State  of 

,  this day  of ,  19 . . . 

Certificate  of  the  Clerk  of  the  District  Court  of  the  United  States 
for  the District  of 

I,  ,  Clerk  of  the  District  Court  of  the  United  States  for 

the District  of ,  do  hereby  certify  that  the  fore- 
going certificate  or  instrument  of  indebtedness  signed  by ,  as 

receiver  of  ,  is  one  of  a  series  of  certificates  mentioned 

in  and  authorized  by  the  order  of  the  District  Court  of  the  United  States 

for  the  District  of  ,  made  and  entered  on  the 

day  of ,  19 .  . ,  '  In  the  Matter  of , 

(alleged)  bankrupt,'  pending  in  the  said  court  upon  the  bankruptcy  side  of 
the  said  court. 


Cleric. 
NOTES. 


Receiver's  Certificates.     Sec.  2,  (5)  (15). 

Above  form  with  modifications  approved  by  the  District  Court  for  Southern  District 
of  New  York  in  the  matter  of  "  The  Breakwater  Construction  and  Engineering  Co. 
Bankrupt." 

Siiould  be  issued  only  when  the  preservatinn  of  llie  property  in  liands  of  the  receiver 
presents  urgent  necessity  therefor. 

Rochester  Trust  etc.  Co.  v.  Onteonta  etc.  R.  Co.  (N.Y.  App.  Div.),  122  K  Y.  Supp.  19. 

Rochester  Trust  etc.  Co.  v.  Rochester  etc.  R.  Co.  (N.  Y.),  60  N.  Y.  Supp.  409. 

For  the  purpose  of  preserving  the  assets  of  the  estate.  In  re  Restein,  20  Am.  B.  R. 
832;  162  Fed.  986. 

In  re  Erie  Lumber  Co.,  17  Am.  B.  R.  689;  150  Fed.  817.  ^ 

General  authority  of  Receiver  not  sufficient  to  issue. 

Union  Trust  Co.  v.  Chicago  etc.  R.  Co.,  7  Fed.  513. 

Priority  of  payment. 

In  re  Alaska  Fishing  &  Development  Co.,  21  Am.  B.  R.  685. 
Riglits  of  lienholders. 

Ilanna  v.  State  Trust  Co.,  70  Fed.  2.  Fidelity  Ins.  etc.  Co.  v.  Roanoke  Iron  Co.,  68 
Fed.  623. 

Notice  to  lienholders. 

Bibber- White  Co.  v.  White  River  Valley  R.  Co.,  115  Fed.  786. 

Powers  of  receiver  in  issuance,  Union  Trust  Co.  v.  Chicago  etc.  R.  Co.  (.lupr/i). 


FORMS  IN  BANKRUPTCY.  129 


FORM  No.  74. 

ANSWER  OF  LIENOR  TO  RECEIVER'S  PETITION  TO  ISSUE  CERTITI- 

CATE. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


y   No. 


The  Company,  as  trustee  under  the  mortgage  dated 

,  19.  . .,  made  by ,  alleged  bankrupt,  to  said  com- 
pany, appearing  herein  specially  for  the  purpose  only  of  opposing  the  appli- 
cation of   ,  as  temporary  receiver  of  the  above  named 

alleged  bankrupt,  for  leave  to  issue  Receiver's  certificates  to  the  amount  of 
$ ,  answers  the  petition  of  said  receiver,  as  follows: 

I.  It  denies  that  it  has  any  knowledge  or  information  sufficient  to  form 
a  belief  as  to  any  of  the  allegations  contained  in  the  paragraphs  of  said  petition 
numbered   

II.  Further  answering  said  petition  and  as  a  further  and  separate  defense 
thereto,  the Company,  as  trustee,  shows  and  alleges : 

1.  That  it  is  a  corporation  duly  organized  and  existing  under  and  by 

virtue  of  the  laws  of  the  State  of  ,  duly  authorized  to  take  and 

hold  in  trust  the  property  conveyed  to  it  by  the  mortgage  hereinafter  re- 
ferred to. 

2.  That  by  an  indenture  dated  ,  19.  . .,  of  which  a  copy  is 

herewith  submitted  to  the  court,  to  which  reference  is  hereby  made  as  if  the 

same  were  herein  set  forth  at  length, ,  the  alleged  bankrupt, 

conveyed  to    Company,  as  trustee,  the  property  and 

franchises  therein  described,  in  trust  for  the  equal  pro  rata  benefit  and  security 
of  all  and  every  the  holders  of  the  bonds  and  interest  coupons  issued  and  to 
be  issued  under  the  said  mortgage  or  deed  of  trust,  and  to  enforce  the  pay- 
ment thereof  when  payable  in  accordance  with  the  true  intent  and  meaning 
of  the  stipulations  of  the  said  indenture  and  of  the  said  bond  and  coupons, 


130  FORMS  IN  BANKRUPTCY. 

and  without  preference  of  the  said  bonds  over  any  others  thereof  by  reason 
of  priority  in  the  time  of  issue  or  negotiation  thereof,  or  otherwise  howsoever. 

3.  That  said  indenture  of  mortgage  constitutes  a  lien  upon  all  of  the 

property  and  franchises  which  said  then  owned  and  upon 

all  the  personal  property  which  it  thereafter  acquired,  to  secure  the  issue  of 
bonds  therein  described,  and  as  such  lien  it  was  given  and  accepted  in  good 
faith  and  not  in  contemplation  of  or  in  fraud  upon  the  bankruptcy  laws  of 
the  United  States,  and  for  a  present  consideration  and  said  mortgage  or  deed 
of  trust  was  duly  recorded  according  to  law. 

4.  That  said Company  is  not  a  party  to  the  above  en- 
titled proceeding  and  respectfully  urges  that  this  court  is  without  power  to 
displace  the  lien  of  the  said  mortgage  for  the  security  of  the  bonds  issued 
and  outstanding  thereunder  by  authorizing  the  receiver  above  named  to  issue 
receiver's  certificates  which  shall  be  a  lien  upon  all  the  property  and  assets 
of  the  company  prior  to  the  lien  of  the  mortgage  above  referred  to. 

Wherefore, Company,  as  trustee  under  the  said  mortgage 

dated ,  19.  . .,  respectfully  prays  that  the  petition  of  the  said 

receiver  be  denied. 

Dated, ,19... 

I Company, 

By   


Attorney  for Co., 

Office  and  Post  Office  Address, 
Street. 


(Verification.) 


FORMS  IN  DANKUUPTCY.  131 

FORM  No.  75. 

PETITION  FOR  APPOINTMENT  OF  ANCILLARY  RECEIVER. 

United  States  District  Court, 

District  of  : 

In  Bankruptcy. 

In  Till-:  Mattkk 

OF 


Alleged  Bankrujpt. 


To  the  District  Court  of  the  United  States  for  the   District 

of : 

The  petition  of  respectfully  shows  to  this  court,  and 

alleges : 

1.  That  he  is  a  creditor  of ,  the  alleged  bankrupt  herein, 

in  the  sum  of  $ 

2.  That  the  said  bankrupt  company  is  a  corporation  existing  under  the 

laws  of  the  State  of   and  was  organized  with  a  capital  stock 

of  $ ,  for  the  purpose  of  

That  the  principal  place  of  business  of  the  said  company  is  in  the  City  of 

and  State  of   ,  but  that  the  company's  factory 

buildings  and  machinery,  as  well  as  most  of  its  personal  property  are  in  the 
Town  of ,  and  within  the  jurisdiction  of  this  court. 

3.  That  on  the day  of ,  19 . . . ,  a  petition  was  filed 

in  the  District  Court  of  the  United  States  for  the District  of 

by  your  petitioner  together  with  other  creditors  of  the  above 

named  corporation  for  the  purpose  of  having  it  adjudged  bankrupt ;  that  the 
acts  of  bankruptcy  set  forth  in  the  said  petition  were  as  follows:    That  within 

four  months  next  preceding  the  date  of  the  said  petition,  the 

Company  committed  an  act  of  bankruptcy  in  that  it  did  suffer  or  permit, 

while  insolvent,   of   ,  to  obtain  a  preference 

through  legal  proceedings,  which  preference  is  in  the  nature  of  an  attachment 

against  property  of  the  said Company  located  at , 

in  the  State  of   Such  preference  has  not  been  vacated  nor 

discharged.  Also  while  insolvent,  the  said  Company  per- 
mitted the  following  creditors  to  obtain  preferences  by  making  payments  to 
them,  to  wit :    


13-^  FORMS  IN  BANKRUPTCY. 

4.  That  many  of  the  creditors,  whose  accounts  are  overdue,  have  threat- 
ened to  institute  legal  proceedings  against  the  company.  That  there  are  no 
assets  of  the  company  immediately  available  for  the  purpose  of  paying  said 
indebtedness. 

5.  The  factory  of  the  company  has  been  shut  down  because  of  the  in- 
ability of  the  company  to  pay  wages  to  employees  and  expenses  necessary  for 
the  continuance  of  the  business.  That  said  company  has  been  unable  to  pay 
its  current  bills  for  some  time  past,  and  has  been  insolvent  and  doing  business 
at  a  loss  for  more  than  a  year. 

6.  That  on  the day  of ,  19. . ., ,  Esq., 

was  duly  appointed  receiver  of  the  estate  of  said  bankrupt  in  the 

District  of ,  by  order  of  Hon ,  Judge  of 

the  United  States  District  Court  for  the  said  District,  (the  attorneys  for  the 
alleged  bankrupt  appearing  at  the  same  time  and  consenting  in  open  court 
to  the  appointment.)     That  the  alleged  bankrupt  owns  and  possesses  certain 

property  consisting  of ,  f or  conducting  its  business, 

in  this  State  and  District,  and  certain  creditors  are  threatening  suits  against 
said  property.  Your  petitioner  is  of  the  opinion  and  verily  believes  that  it 
is  absolutely  necessary  for  the  preservation  of  the  property  of  the  alleged 
bankrupt  and  the  protection  of  the  creditors'  interests  therein,  that  an  ancil- 
lary receiver  be  appointed  by  this  court  for  the  protection  of  said  property. 

Wherefore,  your  petitioner  prays  for  an  order  of  this  court  appointing 

,  Esq.,  ancillary  receiver  of  all  the  property,  assets  and 

effects  of  the  above  named Company,  the  alleged  bankrupt, 

which  is  situated  within  this  jurisdiction,  to  care  for  and  preserve  the  same 
until  the  appointment  of  a  trustee  and  until  the  further  order  of  this  court, 
and  for  an  order  of  this  court  directing  the  officers,  managers  and  employees 

of  the  said   Company  to  deliver  into  the  possession  of  the 

ancillary  receiver  so  appointed,  all  of  the  property  of  the  said 

Company  wheresoever  situated  which  is  not  exempt  by  law  and  to  otherwise 
comply  with  the  terms  of  the  said  order,  and  that  they,  their  agents,  servants, 
attorneys  and  all  persons  be  restrained  and  enjoined  from  in  any  way  inter- 
fering with  the  possession  of  the  said  property,  other  than  to  turn  the  same 
over  to  the  said  ancillary  receiver. 


Petitioner. 
(Verification.) 


FORMS  IN  BANKKUi'TCY. 


133 


FORM  No.  76. 

ORDER  APPOINTING  ANCILLARY  RECEIVER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the  

District  of   held  at  the 

Court  House,  City  of   ,  on 

the day  of ,  19... 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Alleged  Jiankrupt. 


Upon  the  exemplified  copy  of  the  petition  in  involuntary  bankruptcy  filed 
in  the  above  entitled  matter,  in  the  United  States  District  Court  for  the 

District  of ,  and  upon  the  certified  copy  of 

an  order  appointing   receiver  of  the  assets  and  effects 

of  the  above  named  alleged  bankrupt,  and  upon  the  original  order  appointing 

such  receiver,  on  file  in  the  United  States  District  Court  for  the 

District  of   and  upon  the  certificate  of  the  clerk  of  that 

court  of  the  filing  and  approval  of  the  bond  of  the  said  receiver,  and  upon 

reading  and  filing  the  petition  of ,  verified  the   

day  of ,  19 . . .,  and  on  motion  of ,  attorney  for 

,  it  is 

Ordered  that of be,  and  he  hereby  is 

appointed  ancillary  receiver  of  the  above  named  alleged  bankrupt,  in  and  for 

the District  of ,  with  all  the  rights  and  powers  to 

carry  into  force  and  effect  the  orders  of  the  original  court  of  jurisdiction, 
and  it  is  further 

•     Ordered  that  said  receiver  furnish  a  bond  in  the  sum  of  $ for 

the  faithful  discharge  of  his  duties  as  such  receiver,  and  it  is  further 

Ordered  that  said  alleged  bankrupt  forthwith  deliver  to  said  receiver  all  of 
his  property,  assets  and  effects  now  in  his  possession  or  under  his  control,  and 
that  said  alleged  bankrupt  and  all  other  persons,  firms,  corporations,  and 
creditors  of  the  said  alleged  bankrupt,  as  well  as  their  and  each  of  their 


134  FORMS  IN  BANKRUPTCY. 

attorneys,  agents  and  servants,  and  all  sheriffs,  marshals  and  other  officers, 
deputies  and  their  employees,  are  hereby  jointly  and  severally  restrained  and 
enjoined  from  removing,  transferring  or  otherwise  interfering  with  the 
property,  assets  and  effects  of  the  above  named  alleged  bankrupt,  and  from 
prosecuting,  executing  or  suing  out  of  any  court,  any  process,  attachment,  re- 
plevin or  other  writ  for  the  purpose  of  taking  possession,  impounding  or 
interfering  with  any  property,  assets  or  effects  of  the  above  named  alleged 
bankrupt,  and  from  molesting,  disturbing  or  interfering  with  the  ancillary 
receiver  herein  appointed  in  the  discharge  of  his  duties. 


V.  J. 


NOTES. 

Where  process  to  seize  alleged  bankrupt's  property  is  necessary,  ancillary  proceedings 
in  proper  district  may  be  had. 

In  re  Peiser,  7  Am.  B.  R.  690;  115  Fed.  199. 

In  re  Dunseath  &  Son  Co.  (D.  C.  Pa.),  22  Am.  B.  R.  75;  168  Fed.  973. 

In  re  Benedict  (D.  C.  Wis.),  15  Am.  B.  R.  232;  140  Fed.  55. 

In  re  Nelson  &  Bro.  Co.  (D.  C.  N.  Y.),  18  Am.  B.  R.  66;  149  Fed.  590.  In  re  Schrom, 
3  Am.  B.  R.  352;  97  Fed.  160. 

Ross-Meeham  Foundry  Co.  v.  Southern  Car  &  Foundry  Co.,  10  Am.  B.  R.  624;  124 
Fed.  403. 

In  re  Granite  City  Bank  of  Dell  Rapids  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  404;  137 
Fed.  818;  70  C.  C.  A.  316,  aff'g  12  Am.  B.  R.  727. 

Contra.     lu  re  Williams  (D.  C.  Ark.),  9  Am.  B.  R.  741 ;  120  Fed.  38. 

In  re  Williams  (D.  C.  Tenn.),  10  Am.  B.  R.  538;  120  Fed.  321. 

In  re  Tybo  Mining  &  Reduction  Co.  (D.  C.  Nev.),  13  Am.  B.  R.  62;  132  Fed.  697. 

In  re  Von  Hartz  Co.  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  747;  142  Fed.  726;  74  C.  C.  A. 
58;  Dempster  v.  Waters-Peirce  Oil  Co.  (C.  C.  A.  8th  Cir.),  22  Am.  B.  R.  751;  172  Fed. 
353. 

A  receiver  may  not  sue  in  a  district  other  than  that  in  which  lie  was  appointed. 

In  re  National  :\Iercantile  Agency  (D.  C.  Pa.),  12  Am.  B.  R.  189;  128  Fed.  639.  Nor 
bring  summary  proceedings  to  recover  assets  in  other  jurisdiction. 

In  re  Dunseath  &  Son  Co.,  (supra). 

Power  of  ancillary  receiver. 

In  re  Peiser  (supra). 

An  attachment  will  not  lie  against  property  in  hands  of  ancillary  receiver. 

In  re  Nelson  and  Bro.  Co.  (supra). 

District  court  has  jurisdiction  to  entertain  proceedings  instituted  by  a  trustee  in 
bankruptcy  duly  appointed  in  a  bankruptcy  proceeding  pending  in  another  district  to 
compel  the  officers  of  the  bankrupt  to  deliver  to  such  trustee  the  documents  in  their 
possession  relating  to  the  business  of  the  bankrupt. 

When  the  original  court  of  bankruptcy  couUl  act  summarily,  another  court  of  bank- 
ruptcy sitting  in  another  district  can  do  so  in  aid  of  the  court  of  original  jurisdiction. 

(In  re  Yon  Ilartz  (supra),  distg'd.)  Babbitt,  Trustee,  Randolph  Macon  Coal  Co.  v. 
Dutcher  &  G.irdiner  (U.  S.  Sup.),  23  Am.  B.  R.  519;  216  U.  S.  102;  30  Sup.  Ct.  Rep.  372. 

Ancillary  jurisdiction  is  now  provided  for  in  Sec.  2  (20)  by  the  Amend- 
ments of  1910. 


TITLE  III. 

PROCEEDINGS    BEFORE    REFEREE    AFTER    ADJUD- 
ICATION. 


FOBM  No.     77.  Referee's  Oath  of  Office. 

78.  Bond  of  Eeferee. 

79.  Notice  of  Adjudication. 

80.  Order  for  first  Meeting-  after  thirty  Days. 

81.  Notice  of  First  Meeting  of  Creditors. 

83.  Affidavit  of  mailing'  Notice  First  Meeting'. 

83.  Affidavit  of  mailing-  Notice  1st  Meeting. 

84.  List  of  Debts  proved  at  First  Meeting. 

85.  Appointment   of  Trustee  by  Creditors. 

86.  Appointment  of  Trustee  by  Eeferee. 

87.  Notice  to  Trustee  of  his  Appointment. 

88.  Order  approving  Trustee's  Bond. 

89.  Order  that  no  Trustee  be  appointed. 

90.  Notice  to  Trustee  to  file  Eeport. 

91.  Notice  to  Trustee  to  file  Eeport   (So.  Dist.  of  N.  Y.) 

92.  Order  appointing  Attorney  for  Trustee. 
93  Notice  of  Defective  Proof  of  Claim. 

94.  Petition  to  amend  Schedules. 

95.  Order  to  show  cause  to  amend  Schedules. 

96.  Order  amending  Schedules. 

97.  Affidavit  of  Bankrupt  as  to  Exemptions. 

98.  Order  allowing  Exemptions  when  no  Trustee  appointed. 

99.  Petition  of  Bankrupt  for  Eeview  of  Order  on  Exemptions. 

100.  Certificate  of  Falsity  of  Pauper  Affidavit. 

101.  Order  that  Trustee  transfer  Copj'right. 

102.  Petition  for  Meeting  of  Creditors  to  consider  Proposed  Comprom- 

ise. 

103.  Notice  to  Creditors  of  Special  Meeting. 

104.  Order   authorizing  Compromise. 

105.  Petition  for  fleeting  of  Creditors  to  indemnify  Trustee. 

106.  Petition  that  Bankrupt  turn  over  Concealed  Assets. 

107.  Order  that  Bankrupt  turn  over  Concealed  Assets. 

108.  Petition  to  reconsider  Attorney's  Fee  imder  Sec.  60  d. 

109.  Order  that  Attorney  repay  Monies  to  Trustee. 

110.  Certificate  of  Contempt. 

111.  Petition  to  Eeview  Eeferee's  Order. 

112.  Eeferee's  Certificate  on  Eeview. 

113.  Eeferee's  Certificate  of  Default  of  Witness. 

114.  Eeferee's    Certificate    closing    Case    for    Lack    of    Prosecution. 

115.  Appointment,  Oath  and  Eeport  of  Appraisers. 

116.  Petition  of  Appraisers  for  Allowance. 

117.  Order  granting  Allowance   to   Appraisers. 

118.  Order  declaring  First  Dividend  and  Dividend  Sheet. 

119.  Notice  of  Dividend  and  Warrant. 

120.  Notice  of  Final  Meeting. 

135 


136  FORMS  IN  BANKRUPTCY. 

121.  Order  passing  Trustee's  Final  Account  and  declaring  Dividend. 

122.  Eeferee's  Certificate  of  Indemnity. 

123.  Order  fixing  Allowance  of  Bankrupt's  Attorney. 

124.  Petition  and  Order  for  Redemption  of  Property  from  Lien. 

125.  Referee's  Certificate  of  Disqualification. 

126.  Order  Substituting  Referee. 

127.  Petition  for  Order  of  Protection. 

128.  Order  of  Protection  from  Arrest. 

FORM  No.  77. 

[Official] 
REFEREE'S  OATH  OF  OFFICE. 

I, ,  do  solemnly  swear  that  I  will  administer  justice  with- 
out respect  to  persons,  and  do  equal  right  to  the  poor  and  to  the  rich,  and  that 
I  will  faithfully  and  impartially  discharge  and  perform,  all  the  duties  in- 
cumbent on  me  as  referee  in  bankruptcy,  according  to  the  best  of  my  abilities 
and  understanding,  agreeably  to  the  Constitution  and  laws  of  the  United 
States. 

So  help  me  God ! 

Subscribed  and  sworn  to  before  me,  this day  of , 

A.  D.  19... 


District  Judge. 


FORM  No.  78. 

[Official] 
BOND  OF  REFEREE. 

Know  all  men  by  these  presents: 

That  we,  ,  of ,  as  principal,  and 

of and of ,  as 

sureties,  are  held  and  firmly  bound  to  the  United  States  of  America  in  the 

sum  of dollars,  lawful  money  of  the  United  States,  to  be 

paid  to  the  said  United  States,  for  the  payment  of  which,  well  and  truly  to 
be  made,  we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly 
and  severally,  by  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19.  . . 

The  condition  of  this  obligation  is  such  that  whereas  the  said 

has  been  on  the day  of ,  A.  D.  19.  . .,  appointed  by  the 

Honorable   ,  Judge  of  the  District  Court  of  the  United 

States  for  the  District  of  ,  a  referee  in  bank- 
ruptcy in  and  for  the  County  of ,  in  said  district,  under  the  Acts 

of  Congress  relating  to  bankruptcy. 

N'ow,  therefore,  if  the  said  shall  well  and  faithfully  dis- 


FORMS  IN  BANKRUPTCY.  137 

charge  and  perform  all  the  duties  pertaining  to  the  said  office  of  referee  in 
bankruptcy,  then  this  obligation  to  be  void;  otherwise  to  remain  in  full  force 
and  virtue. 
Signed  and  sealed 
in  the  presence  of :  [i^-  s.] 

[L.    S.] 

[L.S.] 

Approved  this day  of ,  A.  D.  19 . . . 

District  Judge. 


FORM  No.  79. 

NOTICE  OF  ADJUDICATION. 


United  States  District  Court, 

for  the    District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


BanJcvitpt. 


y   No, 


To 

,  Esq., 

Attorney  for* the  Bankrupt 

The  above  entitled  proceeding  has  been  referred  to  me  as  referee  in  bank- 
ruptcy, and  by  the  order  of  this  court  the  bankrupt required 

to  appear  before  me  at  my  office.  No Street,  in  the  City  of 

,  on  the day  of . .  . ,  19 ... ,  at 

o'clock M. 

The  sum  of  $ should  be  then  deposited  with  me  as  indemnity 

for  the  estimated  expenses  and  disbursements  up  to  discharge,  if  unopposed. 

Dated,  ,  19... 


Referee  in  BanJcruptcy. 


138 


FORMS  IN  BANKRUPTCY. 


FORM  No.  80. 
ORDER  FOR  FIRST  MEETING  OF  CREDITORS  AFTER  THIRTY  DAYS. 

United  States  District  Court, 

District  of  : 

In  Bankruptcy. 


In  the  Matter 

OF 


^No. 


Sankritpt. 


Before ,  Referee  in  Bankruptcy,  at  No 

Street, ,  on ,  19 . .  . 

It  appearing  to  me  that  for  the  reason  that,  (namely)   , 

the  first  meeting  of  creditors  cannot  be  held  within  the  time  provided  by  Sec- 
tion 55  of  the  United  States  Bankruptcy  Law,  I  hereby  order  that  the  first 
meeting  of  creditors  in  the  above  bankruptcy  proceedings  be  held  at  the  oflBce 

of ,  Referee,  No Street,  in  the 

City  of  ,  County  and  State  of  on  the 

day  of   ,  X.   D.   19 ... ,  at   o'clock  in  the 

noon,   at  which  time  the  creditors   may   attend,   prove   thoir   claims, 

appoint  a  trustee,  examine  the  bankrupt  and  transact  such  other  business  as 
may  properly  come  before  such  meeting. 

Dated ,  19 . . . 


Beferee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY.  139 

FORM  No.  81. 

[Official] 

NOTICE  OF  FIRST  MEETING  OF  CREDITORS. 


United  States  District  Court, 

for  the District  of 

in  Bankruptcy. 


In  the  Mattee 

OF 


No. 


bankrupt. 


To  the  creditors  of  ,  of  the  City  of  

,  and  County  of   ,  and  district  aforesaid,  a 

a  bankrupt :    Xotice  is  hereby  given  that  on  the  ....  day  of A.  D., 

19 .  .,  the  said was  duly  adjudicated  bankrupt,  and  that 

the  first  meeting  of  creditors  will  be  held  at  the  office  of 

Esq.,  No ,  City,  on  the  ....  day 

of ,  A.  D.,  19. .,  at o'clock  in  the  . . .  .noon,  at  whic!i 

time  the  said  creditors  may  attend,  prove     their  claims,  appoint  a  trustee, 
examine  the  bankrupt,  and  transact  such  other  business  as  may  properly  come 
before  said  meeting. 
Dated ,19.. 


Referee  in  Banl-ruptcy. 

NOTES. 

Act,  Sec.  55. 

Cross-referenceB.     Sees.  58,  57,  56,  44,  7,  (9). 
Reverse  order,  7,  (9),  44,  56,  57,  58. 
General  Orders,  IV.,  XII 

Construction  of  statute. 

In  re  Back  Bay  Automobile  Co.,  19  Am.  B.  R.  835;  158  Fed.  679. 

Who  may  participate. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526;  142  Fed.  234. 

The  adjournment  of  a  meeting  of  creditors  for  the  purpose  of  allowing  a  restatement, 
or  perfecting  a  proof  of  debt  is  discretionary  with  the  referee  and  will  not  be  interfered 
with  except  for  abuse. 

In  re  Morris,  18  Am.  B.  R.  828;  154  Fed.  211. 


140 


FORMS  IN  BANKRUPTCY. 


rORM  No.  82. 

AFFIDAVIT   OF  PUBLICATION  OF  NOTICE   OF  FIRST  MEETING. 


State  of  . . 
County  of 


(Notice  Annexed.) 


) 


ss. 


,  being  duly  sworn,  saith  that 

he  is  proprietor  (or  principal  clerk  of  the 
publisher)  of  ,  a  daily  news- 
paper   printed    and    published    in    the    City 

of    ,    and    designated    for    the 

publication  of  notices  in  bankruptcy  in  the 

County   of    ,   in   said   district : 

that  the  notice  hereto  annexed  was  published 

in  the  said  one  time,  to  wit : 

on ,  19... 


Sworn  to  before  me  this 
of 19... 


day 


FORMS  IN  BANKRUPTCY. 


141 


FORM  No.  83. 

AFFIDAVIT  OF  MAILING  NOTICE  OF  FIRST  MEETING. 

In  the  District  Court  of  the  United  States  for  the   District 

of  

In  Bankruptcy. 


In  the  Matter 

OP 


>No. 


Sankriipt. 


State  of  1 

County  of  >  ss. 

District  of   J 

being  duly  sworn,  deposes  and  says:  I  am  employed  in  the 

office  of ,  referee  in  bankruptcy,  and  am  more  than  eighteen 

years  of  age ;  on  the day  of 19.  . . .  I  deposited  in  the  Post 

Office  in  said  City  of copies  of  the  annexed  notice  to  creditors, 

each  contained  in  a  securely  closed  envelope,  franked  by  proper  notice  of 
official  business  whenever  addressed  to  a  place  within  the  United  States,  and 
duly  postpaid  whenever  addressed  to  a  place  without  the  United  States,  and 
duly  directed  respectively  to  each  of  the  creditors  of  said  bankrupt  named  in 
the  schedules  filed  herein,  at  the  respective  addresses  stated  in  said  Schedules, 
except  in  the  cases,  if  or  any,  in  which  the  address  of  the  creditor  is  stated  in 
said  schedules  to  be  unknown,  or  where  the  creditor  has  designated  an  address 
other  than  that  stated  in  said  schedules,  and  in  such  case  to  designated 
address  as  on  file  herein. 
Subscribed  and  sworn  to  before  me  this 


day  of 
(Notice  Annexed.) 


A.  D.  19     . 


143 


FORMS  IN  BANKRUPTCY. 


FORM  No.  84. 

[Official.] 
LIST  OF  DEBTS  PROVED  AT  FIRST  MEETING. 

In    the    District    Court    of    the    United    States    for    the     ... 

of , 

In  Bankruptcy. 


District 


In  the  Matter 

OF 


bankrupt. 


>    No. 


At ,  in  said  district,  on  the day  of ,  A.  D.  19. . 

before ,  referee  in  bankruptcy. 

The  following  is  a  list  of  creditors  who  have  this  day  proved  their  debts; 


Names  of  Creditors. 

Residence. 

Debts  proved. 

■• 

Dolls. 

Cts. 

Referee  in  Bankruptcy. 


NOTES. 

This  form  is  rarely  used. 

The  referees  keep  list  in  claim  book  and  transmit  dividend  lists  to  the  trustee. 


FOKMS  IN  BANKRUPTCY. 


143 


FORM  No.  85. 

[Official.] 
APPOINTMENT  OF  TRUSTEE  BY  CREDITORS. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


y   No. 


At ,  in  said  District,  on  the day  of ,  A.  D., 

19,  .,  before ,  Referee  in  Bankruptcy. 

This  being  the  day  appointed  by  the  court  for  the  first  meeting  of  the 
creditors  in  the  above  bankruptcy,  and  of  which  due  notice  has  been  given 

in  the    ,  we,  whose  names  are  hereunder  written,  being  the 

majority  in  number  and  in  amount  of  claims  of  the  creditors  of  the  said 
bankrupt,  whose  claims  have  been   allowed,   and  who   are  present   at  this 

meeting,  do  hereby  appoint  

of   in  the  county  of   and 

State  oi ,  to  be  the  Trustee  of  the  said  bankrupt's  estate  and 

effects,  and  we  do  fix  the  amount  of  his  bond  at dollars. 


Signatures  op  Creditors.      Residences  op  the  Same. 


Amount  of  Debt. 


Ordered  that  the  above  appointment  of  Trustee  be,  and  the  same  is  hereby 
approved. 


Referee  in  Bankruptcy. 


144  FORMS  IN  BANKRUPTCY. 

NOTES. 

Act,  Sec.  44. 

Crosa-references,  1,  (26),  2,  (17),  45,  46,  50-b,  c,  k,  56,  57,  63. 

General  Orders.  XIII.,  XIV.,  XV.,  XVI.,  XVII.,  XXV. 

Creditors  have  an  unqualified  right  to  elect. 

In  re  Lewensoha,  3  Am.  B.  R.  299;  98  Fed.  576. 

In  re  Eastlack,  16  Am.  B.  R.  529;  145  Fed.  68. 

In  re  Ketterer  Mfg.  Co.,  19  Am.  B.  R.  225;  155  Fed.  987. 

In  re  Eagles  and  Crisp,  3  Am.  B.  R.  733;  99  Fed.  696. 

At  the  first  meeting  or  adjournment  thereof. 

In  re  Nice  and  Schrieber,  10  Am.  B.  R.  639;  123  Fed.  987. 

Trustee  of  partnership,  trustee  of  individual  partners. 

In  re  Coe,  18  Am.  B.  R.  715 ;  154  Fed.  162. 

In  re  Beck,  6  Am.  B.  R.  554;  110  Fed.  140. 

Procuring  list  of  creditors  from  bankrupt. 

In  re  J.  H.  Turner  and  Co.,  20  Am.  B.  R.  646. 

Improper  interference  by  officers  of  bankrupt  company. 

In  re  L.  W.  Day  and  Co.,  23  Am.  B.  R.  56;  174  Fed.  164;  aflf'd  178  Fed.  545. 

Voters  at  creditors'  meeting. 

Claims  procured  by  bankrupt  excluded. 

In  re  Lloyd,  17  Am.  B.  R.  96;  148  Fed.  92. 

In  re  Hanson,  19  Am.  B.  R.  235;  156  Fed.  417. 

In  re  Jas  H.  Turner  and  Co.,  20  Am.  B.  R.  646;  dist'g  in  re  Lloyd  (supra).  In  re 
Eastlack  (stipra). 

In  re  Cooper,  14  Am.  B.  R.  320;  135  Fed.  196. 

In  re  Dayville  Woolen  Co.,  8  Am.  B.  R.  85;  114  Fed.  674. 

In  re  McGill  (C.  C.  A.  6th  Cir.),  5  Am.  B.  R.  155;  106  Fed.  57;  45  C.  C.  A.  218; 
aff  g  Falter  v.  Reinhard,  4  Am.  B.  R.  782 ;  104  Fed.  292. 

Creditor  who  is  also  bankrupt's  debtor  excluded. 

In  re  Duryea  Power  Co.,  20  Am.  B.  R.  219;  159  Fed.  783. 

Trustee  should  be  free  from  entangling  alliances. 

In  re  Rekersdres,  5  Am.  B.  R.  811;  108  Fed.  206. 

Secured  creditors. 

In  re  Milne,  Turnbull  and  Co.,  20  Am.  B.  R.  248;  159  Fed.  280. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526 ;  142  Fed.  243. 

Alleged  preferred  creditors. 

In  re  Milne,  Turnbull  and  Co.  (supra). 

In  re  Columbia  Iron  Works  (supra). 

In  re  Malino,  8  Am.  B.  R.  205;  118  Fed.  368. 

Voters  at  creditors'  meeting. 

In  re  Columbia  Iron  Works  (supra). 

Combination  of  creditors  as  against  public  policy. 

In  re  Kenney  and  Co.,  14  Am.  B.  R.  611 ;  136  Fed.  451. 

Where  bankrupt's  attorney  solicits  proxies,  such  votes  may  be  rejected  as  manifestly 
in  the  interest  of  the  bankrupt. 

In  re  Van  De  Mark  (D.  C.  N.  Y.),  23  Am.  B.  R.  760;  175  Fed.  387. 

Absent  creditors  not  considered  in  voting  for  trustee. 

In  re  Mackellar,  8  Am.  B.  R.  669;  116  Fed.  547. 

In  re  Henschel  (C.  C.  A.  2nd  Cir.),  7  Am.  B.  R.  662;  113  Fed.  443;  51  C.  C.  A.  277; 
rev'g  6  Am.  B.  R.  25  and  6  Am.  B.  R.  305;  109  Fed.  861. 

Mere  filing  of  objections  should  not  exclude  bona  fide  creditor  from  voting. 

In  re  Kelly  Dry  Goods  Co..  4  Am.  B.  R.  528;  102  Fed.  747. 


FORMS  IN  BANKRUPTCY.  145 

There  may  be  one  or  three  trustees. 

In  re  Fisher,  14  Am.  B.  R.  366 ;  135  Fed.  223. 

Approval  of  appointment  of  Trustee. 

In  re  Lewenaohn,  3  Am.  B.  R.  299  ;  98  Fed.  .576. 

In  re  Gordon  Supply  &  Mfg.  Co.,  12  Am.  B.  R.  94  ;  129  Fed.  622. 

In  re  Van  De  Mark,  (xupi-a) 

Disapproval  for  non-residence. 

In  re  Jacobs  &  Roth,  18  Am.  B.  R.  728  ;  167  Fed.  988. 

In  re  Mangan,  13  Am.  B.  R.  303  ;  183  Fed.  1000. 

In  re  Law,  13  Am.  B.  R.  650. 

Subject  to  review  by  District  Judge. 

In  re  Hanson,  19  Am.  B.  R.  235  ;  156  Fed.  417. 

In  re  Hare,  9  Am.  B.  R.  520  ;  119  Fed.  246. 

An  alien  may  be  chosen  by  creditors  as  trustee  if  competent  to  perfonn  the  duties  of 
the  office  and  is  a  resident  of  or  has  an  office  in  the  district. 

In  re  Coe,  18  Am.  B.  R.  715  ;  154  Fed.  162. 

When  selection  not  interfered  with. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  86  ;  125  Fed.  619  ;  In  re  Lazoris,  10  Am. 
B.  R.  31  ;  120  Fed.  716. 

Undischarged  bankrupt  in  another  proceeding  not  proper  person.  In  re  Smith,  1  Am. 
B.  R.  37. 

In  re  McGill  (C.  C.  A.  6th  Cir.).  5  Am.  B.  R.  155  ;  106  Fed.  57  ;  45  C.  C.  A.  318  ;  aff'g 
Falter  v.  Reinhard,  4  Am.  B.  R.  782  ;  104  Fed.  292. 


jr»i6  FORMS  IN  BANKRUPTCY. 


FORM  No.  86. 

[Official] 
APPOINTMENT  OP  TKUSTEE  BY  REFEREE. 


tTnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


W    No. 


Bankrupt. 


At    in   said    District   on   the day 

of A.  D.,  19 .  . ,  before ,  Referee  in  Bankruptcy. 

This  being  the  day  appointed  by  the  Court  for  the  first  meeting  of  creditors 
under  said  bankruptcy,   and   of  which   due   notice  has   been   given   in   the 

,1,  the  undersigned  referee  of  the  said  court  in  bankruptcy,  sat 

at  the  time  and  place  above  mentioned,  pursuant  to  such  notice,  to  take  the 
proofs  of  debt  and  for  the  choice  of  trustee  under  the  said  bankruptcy ;  and  I  do 
hereby  certify  that  the  creditors  whose  claims  had  been  allowed  and  were 
present  or  duly  represented,  failed  to  make  choice  of  a  trustee  of  said  bank- 
rupt's estate,  and  therefore  I  do  hereby  appoint of 

in  the  County  of and  State  of ,  as  trustee  of  the 

same,  (and  fix  his  bond  as  such  trustee  at  $ ). 


Referee  in  Bankruptcy. 


NOTES. 

Appointment  by  Referee. 

Where  creditors  fail  to  appoint. 
In  re  Morris,  18  Am.  B.  R.  828  ;  154  Fed.  211. 
In  re  Brooke  et  al.,  4  Am.  B.  R.  50  ;  100  Fed.  432, 
In  re  Kuffler,  3  Am.  B.  R.  162  ;  97  Fed.  187. 
In  re  Richards,  4  Am.  B.  R.  631  ;  103  Fed.  849. 
In  re  Machin  and  Brown,  11  Am.  B.  R.  449  ;  128  Fed.  315. 
In  re  Cohen,  11  Am.  B.  R.  439  ;  131  Fed.  391. 

In  re  Henschel,  6  Am.  B.  R.  305  ;  109  Fed.  861  ;  as  reversed  s.  c.  7  Am.  B.  R.  662 
113  Fed.  443. 

Tn  re  E.  T.  Kenney  &  Co.,  14  Am.  B.  R.  61 ;  136  Fed.  451. 


FORMS  IN  BANKRUPTCY.  147 

When  referee  may  not  appoint.  On  disapproval  of  election  of  a  trustee,  must  call 
another  meeting  of  creditors  for  purposes  of  electing  another  trustee. 

In  re  Mackollar,  8  Am.  B.  R.  669  ;  116  Fed.  547. 

In  re  Van  De  Mark  (D.  C.  N.  Y.),  28  Am.  B.  R.  760;  175  Fed.  287  ;  In  re  Lewenaohn, 
3  Am.  B.  R.  299  ;  98  Fed.  .576. 

In  re  Hare,  9  Am.  B.  R.  520  ;  119  Fed.  246. 

In  re  Kaufman,  24  Am.  B.  R.  117. 


FORM  No.  87. 

[Official] 
NOTICE  TO  TRUSTEE  OF  HIS  APPOINTMENT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


^No. 


To of in  the  County  of , 

and  district  aforesaid: 

I  hereby  notify  you  that  you  were  duly  appointed  trustee  of  the  estate  of  the 

above  named  bankrupt  at  the  first  meeting  of  the  creditors,  on  the 

day  of A.  D.  19. .  and  I  have  approved  said  appointment.     The 

penal  sum  of  your  bond  as  such  trustee  has  been  fixed  at Dollars. 

You  are  required  to  notify  me  forthwith  of  your  acceptance  or  rejection  of  the 
trust. 

Dated  at the day  of ,  19 .  . . 


Referee  in  Bankruptcy. 


NOTE. 


See  General  Order  XVI. 


148 


FOBMS  IN  BANKKUPTCY. 


FORM  No.  88. 

[Official.] 
ORDER  APPROVING  TRUSTEE'S  BOND. 

In  the  District  Court  of  the  United  States, 

ior  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


JBankrupt. 


No. 


It  appearing  to  the  Court  that of and  in  said 

District,  has  been  duly  appointed  trustee  of  the  estate  of  the  above  named 
bankrupt,  and  has  given  a  bond  with  sureties  for  the  faithful  performance 
of  his  official  duties,  in  the  amount  fixed  by  the  creditors  (or  by  order  of  the 
court)  to  wit ; — in  the  sum  of dollars :  it  is 

Ordered  that  the  said  bond  be,  and  the  same  is  hereby  approved. 

Dated 19.  .. 


Referee  in  Bankruptcy. 


FOKMS  IN  BANKRUPTCY.  149 


FORM  No.  89. 

ORDER  THAT  NO  TRUSTEE  BE  APPOINTED. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OP 


Bankrupt. 


>    No. 


At in  the  City  of and  County  of 

,  in  said  District,  on  the  day  of  

A.  D.,  19. .,  before ,  Esq.,  Referee  in  Bankruptcy. 

This  being  the  day  appointed  by  the  Court  for  the  first  meeting  of  creditors 
in  the  above  entitled  proceeding,  of  which  due  notice  has  been  given  by 

publication  of  the  same  once  in  the ,  and  by  mailing  a  notice 

to  each  of  said  creditors  as  required  by  law;  and  it  appearing  that  the 
schedules  of  the  bankrupt  disclose  no  assets  except  such  as  are  exempt,  and 
that  no  creditor  has  appeared  and  filed  a  proof  of  claim  at  said  meeting,  and 
that  the  appointment  of  a  trustee  of  the  bankrupt's  estate  is  not  now  desirable, 
it  is  hereby 

Ordered,  that,  until  further  order  of  the  Court,  no  trustee  be  appointed  and 
no  other  meeting  of  the  creditors  be  called. 


Referee  in  Bankruptcy. 


150  FORMS  IN  BANKRUPTCY. 

FORM  No.  90. 

NOTICE   TO   TRUSTEE   TO   FILE  REPORT. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


bankrupt. 


No. 


Office  of , 

Eeferee  in  Bankruptcy,  No St.,  City  of 

,19... 

To Esq., 

Trustee,  No Street,  City  of  

A  report  prescribed  by  Section  47  of  the  United  States  Bankruptcy  Act, 
subdivision  10,  has  not  been  filed  by  you.     Kindly  file  the  same  on  or  before 

,  19... 

Yours  truly, 


Referee  in  Bankruptcy. 


FORM  No.  91. 

NOTICE  TO  TRUSTEE  TO  FILE  REPORT. 

{Used  in  Southern  District  of  New  York.) 

To ,  Esq., 

In  re , 

Bankrupt. 
Sir: 

You  were  appointed  trustee  of  the  estate  of  the  above  named  bankrupt,  on 
19...     No  report  has   been  filed  by  you  therein   since 

You  are  hereby  notified  and  requested  to  forthwith  file  your  report  as 
required  by  Sec.  47  (10)  of  the  Bankruptcy  Act.  Your  attention  is  called 
to  rule  in  bankruptcy  for  the  Southern  District  of  New  York,  No.  XXXV, 
which  provides  among  other  things  as  follows : 

"  If  any  trustee  after  due  notice  from  the  referee  neglects  to  make  siieh 


FORMS  IN  BANKRUPTCY.  151 

reports,  or  pay  such  dividends,  or  nnreasonably  delays  in  any  respect,  the 
prompt  settlement  of  the  estate  the  referee  in  charge  is  directed  to  make 
a  certificate  of  the  facts  and  upon  it  to  issue  an  order,  returnable  before  the 
Judge  on  any  motion  day  requiring  the  trustee  to  show  cause  why  he  should 
not  be  removed." 
Dated ,  19... 


Referee  in  Bankruptcy. 


FORM  No.  92. 

ORDER  APPOINTING  ATTORNEY  FOR  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


y   No. 


Upon  the  annexed  petition  of ,  trustee  herein,  the  affidavit  of 

,  both  duly  verified,  and  sufficient  reason  appearing  to  me  there- 
for, it  is  hereby 

Ordered,  that ,  as  trustee  herein,  be  and  he  hereby  is 

authorized  and  empowered  to  retain  Messrs ,  of  No , 

City  of ,  as  his  attorneys  herein. 

Dated 19...  , 


Referee  in  Bankruptcy. 
NOTES. 

Employment  of  Counsel  by  Trustee. 

For  Forms  of  petition  and  affidavit  therefor,  see  "  Temporary  Receivers  ".  Forms 
Nos.  52  and  53. 

Duty  to  employ  counsel. 

In  re  McKenna  (D.  C.  N.  Y.),  15  Am.  B.  R.  4  ;  137  Fed.  Gil. 

In  re  Baber,  9  Am.  B.  R.  406  ;  119  Fed.  525. 

Right  to  select  his  own  counsel. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526  ;  142  Fed.  242  ;  In  re  Abram,  4  Am. 
B.  R.  575;  103  Fed.  272. 

Where  attorney  represents  adverse  interests. 

In  -e  Rii-ch.  5  Am.  B.  R.  565  ;  105  Fed.  607. 


152 


FORMS  m  BANKRUPTCY. 


FORM  No.  93. 

NOTICE  OF  DEFECTIVE  PROOF. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


BanJeiupt. 


y   No. 


Office  of ,  referee  in  bankruptcy,  No. 

City  of ,  ,19... 


Street, 


Dear  Sir: 

Your  statement  of  claim  against  the  above  named  bankrupt  has  been 
received  and  is  herewith  returned  for  correction. 

Please  see  Section  57  of  the  Bankruptcy  Act,  and  Rule  XXI  of  the  General 
Orders  in  Bankruptcy  of  the  U.  S.  Supreme  Court. 

The  charge  allowed  by  the  United  States  Bankruptcy  Act,  on  filing  of  claim, 
is  twenty-five  cents,  to  be  returned  to  you  out  of  the  assets,  if  any,  which 
please  remit  with  corrected  proof  of  claim. 

Y'ours  Truly, 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY.  153 

FORM  No.  94. 

PETITION   TO    AMEND    SCHEDULES. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  thk  Matter 

OF 


Sankrupt. 


>     No. 


To Esq.,  Referee  in  Bankruptcy : 

Your  petitioner  respectfully  shows: 

That  he  was  duly  adjudicated  a  bankrupt  herein  on  the day  of 

,  19.  .,  and  that  his  schedules  as  required  by  Section  7  (8)  of 

the  bankruptcy  law  of  1898,  have  been  duly  filed  herein. 

That  the  first  meeting  of  your  petitioner's  creditors  has  been  called  for  the 
day  of ,19... 

That,  at  the  time  your  petitioner's  schedule  of  creditors  was  prepared,  by 
inadvertence,  the  names  and  the  statutory  facts  concerning  the  claims  of 
certain  creditors  were  omitted  therefrom. 

That  such  names  and  facts  are  as  follows : 


That  the  above  mentioned  creditors  have  not  been  regularly  notified  of  said 
first  meeting  of  creditors. 

That  at  the  time  your  petitioner's  schedule  of  property  was  prepared,  by 
inadvertence,  a  certain  interest  in  property  vested  in  your  petitioner  was 
omitted  therefrom,  namely :   


That  no  previous  application  has  been  made  for  the  order  hereinafter  asked. 
Wherefore,  your  petitioner  prays  for  an  order  amending  said  schedules  in 
the  particulars  above  specified,  and  that  notice  be  given  accordingly. 
Dated  at , ,  19... 

Petitioner. 
(Verification.) 


154  FORMS  IN  BANKRUPTCY. 


FORM  No.  95. 

ORDER  TO  SHOW  CAUSE  TO  AMEND   SCHEDULES. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


>    No. 


On  reading  and  filing  the  petition  of ,  the  bankrupt  herein, 

wherein  he  prays  for  an  order  amending  his  schedules  in  certain  particulars, 
now,  on  motion  of Esq.,  his  attorney,  it  is 

Ordered,  that  the  creditors  hereinafter  named  show  cause  before  the  under- 
signed, at ,  in  the of ,  in  said  district,  on 

the day  of ,  19 .  . ,  at o'clock,  .  . .  M.,  or  as 

soon  thereafter  as  counsel  can  be  heard,  -"yhy  the  prayer  of  said  petition 
should  not  be  granted  and  why  said  petitioner's  schedules,  hereinafter  men- 
tioned, should  not  be  amended  by  adding  to  Schedule  A the 

names  and  facts  hereinafter  set  forth  : 

and  by  adding  to  Schedule  B 

the  following  statement  of  facts  as  to  property : 

Let  service  of  this  order  be  made  by  mail,  addressed  to  said  persons  at  their 
places  of  residence  as  above  stated,  not  later  than  ten  days  prior  to  the  return 
day  hereof. 

Dated 19... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTGY.  155 


FORM  No.  96. 

ORDER  AMENDING  SCHEDULES. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy, 


In  the  Matter 

OF 


Bankrupt. 


>    No. 


Application  having  been  heretofore  made  for  an  order  amending  Schedules 

previously  filed  herein,  and  an  order  to  show  cause  having  been 

granted  thereon  on  the day  of ,  19.  .,  and  proof  of  mailing 

said  order,  as  provided  therein,  now  being  made,  and 

(Recite  here  opposition  if  any.) 

now,  on  motion  of Esq.,  attorney  for  said  bankrupt,  it  is 

Ordered,  that  Schedule  A  (     )  herein  be  amended  by  adding  thereto,  in  the 
proper  columns,  the  following  facts :    

That  Schedule  B  (     )  be  amended  by  adding  thereto  the  following  words : 

Dated 19... 

Referee  in  Bankruptcy. 


156 


FORMS  IN  BANKRUPTCY. 


FORM  No.  97. 

ATTIDAVIT  OF  BANKRUPT  AS  TO  EXEMPTIONS. 


United  States  District  Court, 

District  of  . 

In  Bankruptcy. 


In  the  Matteb 

OP 


Bankruj>t. 


State  of  . . 
County  of 


>•  ss. 


being  duly  sworn  deposes  and  says : 

1.  That  he  is  the  bankrupt  herein  and  was  duly  adjudicated  in  this  court 
on  the day  of 19 . . . 

2.  That  deponent  filed  his  duly  verified  schedules  herein  on  the 

day  of  19. ,,  and  in  schedule  B.   (5)   set  forth  the  property  to 

which  he  deems  himself  entitled  by  way  of  exemptions  according  to  the  law 
of  the  State  of 

3.  That  deponent  has  had  his  domicile  in  said  state  for  the  greater  portion 
of  six  months  immediately  preceding  the  filing  of  his  petition  in  bankruptcy 
herein. 

4.  That  said  property  is  of  the  value  of dollars  estimated  as 

follows : 


5.     That  said  property  should  be  set  off  to  deponent  as  exempt  property. 
Sworn  to  before  me  this day  of 19 . .. 


FORMS  IN  BANKRUPTCY.  157 

FORM  No.  98. 

ORDER   AliLOWING  EXEBffPTIONS   WHEN  MO   TRUSTEE  APPOINTED. 

United  States  District  Court, 

District  of 

In  Bankruptcy. 

In  the  Matter 
OP 


Bankrupt. 


>      No. 


An  order  having  been  made  herein  that  no  trustee  be  appointed  as  provided 
in  General  Order  XV;  and  it  appearing,  from  the  affidavit  of  the  bankrupt 
filed  on  this  application  and  Schedule  B  (5)  filed  with  his  petition  herein, 
that  he  has  duly  claimed  and  is  entitled  to  the  exemptions  hereinafter 
mentioned :     Now,  on  motion  of Esq.,  his  attorney,  it  is 

Ordered,  that  the  said  bankrupt's  claim  to  exemptions  be  determined  as 
follows : 

That  he  is  entitled  under    of  the   laws  of  the   State   of 

,  to  the  following  property :   

and  that  the  same  be  delivered  to  him  forthwith. 
Dated ,19... 


Referee  in  Banhruptcy. 
NOTES. 

Exemptions.     Sees.  6,  2,  (11),  7-a,  (8),  47-a,  (11). 

Cros8-referenceB,  70-a. 

General  Orders,  XVII. 

The  stale  law  where  bankrupt  has  domicile  controls. 

In  re  Tobias.  4  Am.  B.  R.  555;  103  Fed.  68. 

Richardson  v.  Woodward,  5  Am.  B.  R.  94;  104  Fed.  873. 

In  re  Anderson,  6  Am.  B.  R.  555;  110  Fed.  141. 

In  re  Manning,  7  Am.  B.  R.  571;  112  Fed.  948. 

In  re  Wood.  17  Am.  B.  R.  931 ;  147  Fed.  877. 

In  re  O wings  (D.  C.  N.  Car.),  15  Am.  B.  R.  472;  140  Fed.  739. 

Smalley  v.  Langenour,  13  Am.  B.  R.  692;  196  U.  S.  93;  49  L.  Ed.  400. 

In  re  Fisher,  15  Am.  B.  R.  652;  142  Fed.  205. 

In  re  Lynch,  4  Am.  B.  R.  262;  101  Fed.  579. 


158  FORMS  IN  BANKRUPTCY. 

In  re  Wunder,  13  Am.  B.  R.  701;  133  Fed.  821. 

Duncan  v.  Ferguson-McKinney  Dry  Goods  Co.  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  155; 
150  Fed.  269 ;  80  C.  C.  A.  157. 

In  re  OHara,  20  Am.  B.  R.  714;  162  Fed.  325. 

In  re  Sullivan  (C.  C.  A.  8tli  Cir.),  17  Am.  B.  R.  578;  148  Fed.  815;  78  C.  C.  A.  505. 

In  re  Downing  (D.  C.  Ky.),  148  Fed.  120. 

Time  and  manner  of  claiming. 

In  re  McClintock,  13  Am.  B.  R.  606. 

An  extension  of  time  for  filing  schedules  extends  bankrupt's  time  for  claiming 
exemptions. 

In  re  O'Hara  (D.  C.  Pa.),  20  Am.  B.  R.  714;  162  Fed.  325. 

Not  the  intent  of  the  bankruptcy  act  to  enlarge  the  exemptions  available  under  the 
state  law. 

In  re  Boyd,  10  Anv  B.  R.  337;  120  Fed.  999. 

Burden  of  proof  as  to  exemptions  on  bankrupt. 

In  re  Turnbull,  5  Am.  B.  R.  549;  106  Fed.  666. 

McGahan  v.  Anderson,  7  Am.  B.  R.  641 ;  113  Fed.  115;  51  C.  C.  A.  92. 

Property  set  apart  as  exemption  forms  no  part  of  estate  in  bankruptcy. 

Lockwood  V.  Exchange  Bank,  10  Am.  B.  R.  107;  190  U.  S.  294. 

In  re  Brumbaugh,  12  Am.  B.  R.  204;  128  Fed.  971.  Jewett  v.  Huffman,  13  Am.  B.  R.  738. 

In  re  Bender  (D.  C.  O.),  17  Am.  B.  R.  895.     McKenny  v.  Cheny,  11  Am.  B.  R.  54. 

In  re  Hill,  2  Am.  B.  R.  798;  96  Fed.  185. 

A  trustee  may  not  recover,  as  a  preference,  exempt  property  or  the  proceeds  thereof, 
transferred  by  the  bankrupt  within  the  four  months  period. 

Vitzlhum  V.  Large  (D.  C.  la.),  20  Am.  B.  R.  666;  162  Fed.  685. 

Court  of  bankruptcy  has  jurisdiction  to  determine  the  merits  of  a  bankrupt's  claim  to 
exemptions. 

In  re  Castleberry,  16  Am.  B.  R.  159;  143  Fed.  1018.  In  re  Camp,  1  Am.  B.  R.  165; 
91  Fed.  749. 

In  re  Hatch,  4  Am.  B.  R.  349;  102  Fed.  280. 

Ingram  v.  Wilson,  11  Am.  B.  R.  192;  125  Fed.  913. 

In  re  Lucius,  10  Am.  B.  R.  653;  124  Fed.  455  and  cases  cited.  McGahan  v.  Anderson 
(C.  C.  A.  4th  Cir.).  7  Am.  B.  R.  641;  113  Fed.  115;  51  C.  C.  A.  92. 

In  re  Mackissic,  22  Am.  B.  R.  817 ;  171  Fed.  259. 

Enforcement  of  order. 

In  re  Hartsell,  15  Am.  B.  R.  177;  140  Fed.  30.     In  re  Castleberry  (supra). 

Exemption  laws  to  be  liberally  construed. 

In  re  Tilden,  1  Am.  B.  R.  300;  91  Fed.  500. 

As  affecting  stay  of  discharge. 

In  re  Mitchell,  23  Am.  B.  R.  707;  175  Fed.  877. 

Right  of  bankrupt  thereto. 

In  re  Brown.  4  Am.  B.  R.  46 ;  100  Fed.  441. 

In  re  Waxelbaum,  4  Am.  B.  R.  120;  101  Fed.  238. 

In  re  Stephens,  8  Am.  B.  R.  53;  114  Fed.  192. 

In  re  Hines,  9  Am.  B.  R.  27;  117  Fed.  790. 

In  re  Bean,  4  Am.  B.  R.  53;  100  Fed.  262. 

In  re  Renda  (D.  C.  Pa.),  17  Am.  B.  R.  521 ;  149  Fed.  614. 

Determined  as  of  the  time  of  his  adjudication. 

In  re  Fletcher,  16  Am.  B.  R.  491. 

Personal  to  bankrupt  and  is  deemed  waived  if  not  asserted. 

In  re  Bolingcr.  6  Am.  B.  R.  171;  108  Fed.  374. 

In  re  Sloan.  14  A-n.  B.  R.  435;  135  Fed.  873. 

In  re  Blancliinl  a-id  Howard  (D.  C.  X.  Car.),  20  Am.  B.  R.  422;  161  Fed.  797. 

May  waive,  but  not  assign. 

In  re  Pfeiffcr  (D.  C.  Pa.),  19  Am.  B.R.  230;  155  Fed.  892. 


FORMS  IN  BANKKUPTOY.  169 

Failure  to  claim  exemptions  does  not  estop. 
In  re  Goodman,  23  Am.  B.  R.  504. 
In  re  Maxson  (D.  C.  la.),  170  Fed.  356, 

Waiver. 

In  re  Kciuhart,  12  Am.  B.  R.  78;  129  Fed.  510. 

In  re  Osbom  (I).  C.  N.  Y.),  5  Am.  B.  R.  Ill;  104  Fed.  780. 

In  re  Kaufmanu  (D.  C.  Wis.),  16  Am.  B.  R.  118. 

In  re  Pfeiffer  (D.  C.  Pa.),  19  Am.  B.  R.  230;  155  Fed.  892. 

In  re  Bolinger  (supj'a). 

Notes  containing  ■waiver. 

Personal  to  creditor  favored. 

In  re  Black,  4  Am.  B.  R.  776;  104  Fed.  28. 

In  re  Tune,  8  Am.  B.  R.  285;  115  Fed.  906. 

Zumpfe  V.  Schultz,  20  Am.  B.  R.  916;  35  Pa.  Super.  Ct.  106. 

In  re  Meredith  (D.  C.  Ga.),  16  Am.  B.  R.  331 ;  144  Fed.  230. 

Bankrupt's  right  to,  not  affected  by  fact  that  he  had  given  notes  containing  a  waiver 
thereof. 

In  re  Goodman,  23  Am.  B.  R.  504. 

Trustee's  rights  and  duties  as  to  exemptions. 

In  re  Friedrich,  3  Am.  B.  R.  801  ;  100  Fed.  284. 

In  re  Manning  (D.  C.  Pa.),  7  Am.  B.  R.  571  ;  112  Fed.  948. 

In  re  Reese.  8  Am.  B.  R.  411  ;  115  Fed.  993. 

In  re  Groves,  6  Am.  B.  R.  728. 

In  re  Brown,  4  Am.  B.  R.  46  ;  100  Fed.  441, 

In  re  Campbell  (D.  C.  Va.),  10  Am.  B.  R.723. 

In  re  Ellis,  10  Am.  B.  R.  754. 

Should  report  within  20  days  after  appointment. 

In  re  McClintock  (D.  C.  O.),  13  Am.  B.  R.  606. 

Creditor  may  except  to  report. 

In  re  White,  4  Am.  B.  R.  613  ;  103  Fed.  774. 

In  re  Campbell  (D.  C.  Va.)  (supra). 

Exceptions  filed  more  than  20  days  after  the  filing  of  trustee's  report  on  exemptions 
are  too  late. 

In  re  Amos  (D.  C.  Ga.),  19  Am.  B.  R.  804. 

Bankrupt  also  may  except  to  trustee's  report. 

In  re  Ellis  (D.  C.  O.)  (supra). 

As  affected  by  kind  of  property  claimed. 

Cases  very  numerous  and  differ  largely  in  the  various  states,  wearing  apparel,  imple- 
ments of  trade,  household  furniture  to  limited  amount  are  exempt  in  most  states. 
Page  v.  Edmunds,  9  Am.  B.  R.  277  ;  187  U.  S.  596  ;  47  L.  Ed.  318. 
In  re  Herbold,  14  Am.  B.  R.  116. 
(Wearing  apparel),  In  re  Stokes  (D.  C.  N.  Y.),  4  Am.  B.  R.  560. 

Homesteads. 

In  re  Rhodes,  6  Am.  B.  R.  173. 

In  re  Tollett,  5  Am.  B.  R.  404  ;  106  Fed.  866. 

In  re  Buelow,  3  Am.  B.  R.  389  ;  98  Fed.  86. 

In  re  Gibbs,  4  Am.  B.  R.  619  ;  103  Fed.  782. 

In  re  Paramore  &  Ricks  (D.  C.  N.  Car.),  19  Am.  B.  R.  126  ;  156  Fed.  208. 

In  re  Fisher  (D.  C.  Va.),  15  Am.  B.  R.  652  ;  142  Fed.  205. 

In  re  Barrett  (D.  C.  Or.),  16  Am.  B.  R.  46. 


160  FORMS  IN  BANKRUPTCY. 

In  re  Youngstrom  (C.  C.  A.  8th  Cir).  18  Am.  B.  R.  573  ;  153  Fed,  98  ;  82  C.  C.  A. 
232. 

In  re  Jeffers  (D.  C.  Ga.),  17  Am.  B.  R.  368. 

In  re  Sale  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  235  ;  143  Fed.  310  ;  74  C.  C.  A.  448. 

In  re  Letson  (Okla.),  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  506  ;  157  Fed.  78  ;  84  C.  C.  A. 
582. 

As  to  Crops,  see, 

In  re  Sullivan  (la.),  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  578  ;  148  Fed.  815  ;  78  C.  C.  A. 
505  ;  aff'g  16  Am.  B.  R.  87  ;  142  Fed.  620. 

Pension  money. 

In  re  Bean,  4  Am.  B.  R.  53,  100  Fed.  262. 

In  re  Stout,  6  Am.  B.  R.  505  ;  109  Fed.  794. 

In  re  EUithorpe,  7  Am.  B.  R.  18  ;  111  Fed.  163. 

Insurance  policies. 

In  re  Phelps  (D.  C.  N.  Y.),  15  Am.  B.  R.  170. 

In  re  Scheld  (C.  C.  A.  9th  Cir.).  5  Am.  B.  R.  102  ;  104  Fed.  870  ;  44  C.  C.  A.  233. 

Steele  v.  Buel  (C.  C.  A.  8th  Cir.),  5  Am.  B.  R.  165  ;  104  Fed.  968  ;  44  C.  C.  A.  287. 

In  re  White  (C.  C.  A.  2nd  Cir.),  174  Fed.  333. 

Goodman  v.  Curtiss  (C.  C.  A.  5th  Cir.),  174  Fed.  644. 

Partnership  assets.     In  re  Camp  (D.  C.  Ga.),  1  Am.  B.  R.  165  ;  91  Fed.  745. 

In  South  Dakota  no  right  of  exemption  in  partnership  assets. 

In  re  Novak  (D.  C.  S.  Dak.),  18  Am.  B.  R.  236  ;  150  Fed.  602. 

So  in  New  Jersey,  Maryland,  Pennsylvania,  Oklahoma  and  Arkansas.  In  re  Prince 
&  Walter  (D.  C.  Pa.),  12  Am.  B.  R.  675  ;  In  re  Demarcst  (D.  C.  N.  J.),  6  Am.  B.  R.  232  ; 
110  Fed.  688.     In  re  Rushmore,  24  Am.  B.  R.  35. 

North  Carolina  rule. 

In  re  .1.  M.  Monroe  &  Co.  (D.  C.  N.  Car.),  19  Am.  B.  R.  255  ;  156  Fed.  216. 

In  re  Fowler  &  Co.  (D.  C.  N.  Car.),  16  Am.  B.  R.  580  ;  145  Fed.  270. 

Practice  on  exemptions. 

Schedule  of  exemptions. 

In  re  McClintock,  13  Am.  B.  R.  607. 

Lipman  v.  Stein  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  30  ;  134  Fed.  235  ;  67  C.  C.  A. 
17  ;  aff'g  12  Am.  B.  R.  384.  Burke  v.  Guarantee  Title  &  Trust  Co.  (C.  C.  A.  3rd  Cir.), 
14  Am.  B.  R.  31  ;  134  Fed.  562  ;  07  C.  C.  A.  486. 

In  re  Groves  (D.  C.  O.),  6  Am.  B.  R.  728. 

In  re  Luby,  155  Fed.  659. 

Amendment  of  bankrupt's  schedule  as  to  exemptions  permitted. 

In  re  White,  11  Am.  B.  R.  556  ;  128  Fed.  513. 

In  re  Duffy,  9  Am.  B.  R.  358  ;  118  Fed.  926. 

In  re  Fisher  (D.  C.  Va.),  15  Am.  B.  R.  652  ;  142  Fed.  205. 

Must  be  seasonably  made. 

In  re  Von  Kern  (D.  C.  Pa.),  14  Am.  B.  R.  403  ;  135  Fed.  447. 

In  re  Nunn  (D.  C.  Ga.),  2  Am.  B.  R.  664. 

In  re  Sharr,  15  Am.  B.  R.  491. 

In  re  Xeal  (D.  C.  O.),  14  Am.  B.  R.  550. 

In  re  Wilson,  6  Am.  B.  R.  287  ;  108  Fed.  197. 

In  re  White  (supra). 

Liability  of  exempt  property  for  costs  and  fees. 

In  re  Castleberry  (supra). 

In  re  Bean  (supra). 

In  re  Hines  (D.  C.  W.  Va.),  9  Am.  B.  R.  27.  ♦ 

Exemptions  after  discharge  out  of  subsequently  discovered  assets  not  allowed. 

In  re  Irwin  (C.  C.  A.  3rd  Cir.).  174  Fed.  642. 

Effect  of  concealment  of  assets. 


FORMS  IN  BANKRUPTCY.  161 

Bankrupt  forfeits. 

la  re  Scbafer  (D.  C.  Pa.).  18  Am.  B.  R.  361  ;  151  Fed.  505. 

la  re  Ansley  Bros.  (D.  C.  N.  Car.),  18  Am.  B.  R.  457  ;  153  Fed.  983. 

la  re  Alex  (D.  C.  Pa.),  15  Am.  B.  R.  450  ;  141  Fed.  483. 

In  re  Leverton  (D.  C.  Pa.),  19  Am.  B.  R.  426  ;  155  Fed.  925. 

la  re  Taylor  (D.  C.  Colo.),  7  Am.  B.  R.  410  ;  114  Fed.  607. 

lo  re  Yost  (D.  C.  Pa.),  9  Am.  B.  R.  153  ;  117  Fed.  792. 

la  re  Evaas  (D.  C.  N.  Car.).  8  Am.  B.  R.  730  ;  116  Fed.  909. 

Contra.     la  re  Park  (D.  C.  Ark.),  4  Am   B.R.  432  ;  102  Fed.  602. 

la  re  Rothschild  (D.  C.  Qa.),  6  Am.  B.  R.  43. 


FORM  No.  99. 

PETITION  BY   BANKRUPT   FOR   REVIEW^   OF   REFEREE'S    ORDER  ON 

EXEMPTIONS. 

In    the    District    Court    of    the    United     States    for    the     District 

of , 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


>    No. 


To ,  Esq.,  Referee  in  Bankruptcy: 

Your  petitioner  respectfully  shows : 

That  he  was  adjudged  a  bankrupt  herein  on  the  ....  day  of , 

19.  .,  and  that  a  trustee  of  his  estate  was  in  such  proceeding  subsequently 
appointed. 

That  such  trustee,  on  the day  of   ,  19.  .,  filed  a  report  of 

exempted  property  herein,  and  that,  on  the  ....  day  of ,  19.  .,  an 

order  was  entered  determining  your  petitioner's  claim  to  exempt  property,  as 
stated  in  such  report 

That  such  order  was  erroneous,  for  the  following  reasons: 

Wherefore,  your  petitioner,  feeling  aggrieved  because  of  said  order,  prays 
that  said  trustee's  report  and  the  said  order  be  reviewed,  as  provided  in  the 
Bankruptcy  Law  of  1898  and  General  Order  XXVII. 

Dated, , , ,  19... 

Barikrufi. 
(Verification.)' 


102  FOKAIS  1^'  BANKRUPTCY. 

FORM  No.  100. 

CERTIFICATE  OF  FALSITY  OF  PAUPER  AFFIDAVIT. 

United  States  District  Court 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


Banhrwpt. 


No. 


I,   ,  referee  in  bankruptcy  in  charge  of  the  above  entitled 

proceeding,  do  hereby  certify : 

That  I  have  reason  to  believe  that  the  pauper  affidavit  filed  herein  by  the 
above  named  bankrupt,  as  provided  in  Sec.  51-a  (2)  of  the  bankruptcy  law  of 

1898,  is  false;  and  I  do,  therefore,  set  the   day  of   , 

19.  .,  at M.,  as  the  time,  and ,  in  the of ,  in 

said  district,  as  the  place,  when  said  bankrupt  shall  be  examined  as  to  the 
truth  of  such  affidavit. 

Dated,  , , ,  19.  .. 


Referee  in  Bankruptcy. 
To ,  bankrupt : 

You  are  hereby  ordered  to  appear  before  the  undersigned,  for  examination,, 
at  the  time  and  place  specified  in  the  above  certificate. 

Dated, , , ,  19... 


Referee  in  Bankruptcy. 

NOTES. 

Petition  in  forma  pauperis.     Sec.  51-a,  (2). 
General  order  XXXV.,  (4> 

Affidavit.     In  re  Levy,  4  Am.  B.  R.  108;  101  Fed.  247. 

Sellers  v.  Bell  (C.  C.  A.  5th  Cir.),  2  Am.  B.  R.  529;  94 Fed.  801;  36  C.  C.  A.  502. 
No  law  or  rule  authorizing  referee  to  require  bankrupt  to  pay  tlie  statutory  fees  before 
he  is  given  his  discharge. 

In  re  Plimpton,  4  Am.  B.  R.  614;  103  Fed.  775. 


FORMS  IN  BANKRUPTCY.  163 


FORM  No,  101. 

ORDER  THAT  TRUSTEE  TRANSFER  COPYRIGHT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Upon  reading  and  filing  the  petition  of ,  verified  the  ....  day 

of ,  19.  .,  the  notice  of  motion  herein  with  proof  of  due  service  thereof 

upon    ,  as  trustee  in  bankruptcy  of    ,  the  above 

named  bankrupt,  and  the  affidavit  of  the  said  trustee  duly  verified,  whereby 

it  appears  that  the  copyright  of  the  book was  registered  in  the 

name  of ,  the  bankrupt  herein,  but  that  the  title  thereto  by  the 

terms  of  the  contract,  is  now  vested  in  the  said   ,  the  author 

of  said  book. 

Now,  on  motion  of ,  attorney  for ,  and  there  being 

no  opposition  thereto,  it  is 

Ordered,  that    ,  as  trustee  aforesaid,  be  and   he  hereby   is 

authorized    and    directed    to    assign,    transfer    and    set   over    unto    the    said 

,  all  his  right,  title  and  interest  in  and  to  the  copyright  of  said 

book  entitled 

Dated, , ,  19.  .. 

Ueferee. 


1G4  FORMS  IN  BANKRUPTCY. 

FORM  No.  102. 

PETITION  FOR  MEETING   OF    CREDITORS   TO   CONSIDER   PROPOSED 

COMPROMISE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Mattkr 

OF 


Bankrupt. 


V    No. 


To ,  Esq.,  Referee  in  Bankruptcy. 

The  petition  of respectfully  shows : 

1.  That  your  petitioner  is  the  trustee  herein,  duly  qualified  and  acting. 

2.  That  among  the  assets  coming  into  the  hands  of  your  petitioner  is  a 
certain  claim  consisting  of : 

against of  That  your  petitioner  has 

made  efforts  to  collect  said  claim,  has  presented  same  and  demanded  payment 
thereof.  That  payment  was  refused  by  the  said on  the  follow- 
ing grounds,  to  wit: 


3.     That  after  considerable  negotiation,  your  petitioner  has  succeeded  in 

obtaining  an  offer  of  $ from  said in  full  settlement  of  your 

petitioner's  claim  against  him.  That  your  petitioner  has  fully  investigated  the 
claim,  and  verily  believes  that  it  is  to  the  best  interests  of  this  estate  to  accept 
the  amount  offered,  and  petitioner  recommends  a  compromise  of  the  claim 
upon  the  terms  offered. 

Wherefore,  your  petitioner  prays  that  a  meeting  of  creditors  be  called  upon 
ten  days  notice,  to  consider  a  proposed  compromise  of  the  controversy  of  the 
claim  asrainst 


Petitioner. 
(Verification.) 

NOTES. 

Compromise  of  controversy.     Sec.  27. 
Cross-references,  sees,  2,  (7),  26,  58-a,  (7),  b,  c. 


FORMS  IN  BANKRUPTCY.  165 

General  orders  XXVIII..  XXXII. 

Subject  matter  of  controversy  and  reasons  for  compromise  should  be  clearly  set  forth. 

In  re  Phelphs,  3  Am.  B.  R.  396. 

Compromise  must  be  with  the  approval  of  the  court. 

Action  of  creditors  thereon  not  final. 

In  re  Heyman,  5  Am.  B.  R.  808;  104  Fed.  677. 

May  not  compromise  and  settle  suit  to  the  prejudice  of  attorney's  lien  for  services. 

In  re  Adamo(D.  C.  N.  Y.).  18  Am.  B.  R.  180;  151  Fed.  716. 

Bankrupt  may  not  enjoin  trustee  from  affecting  a  compromise. 

In  re  Kranich,  174  Fed.  908, 


FORM  No.  103. 

NOTICE  TO  CREDITORS  OF  SPECIAIi  MEETING. 

In    the    District    Court    of    the    United    States    for    the     ....     District 

of , 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


To  the  creditors  of ,  of ,  in  the  county  of , 

and  district  aforesaid,  a  bankrupt: 

Notice  is  hereby  given  that  on  the  ....  day  of , 19. .,  at 

....   o'clock,   . .    M.,  there  will  be  a  meeting  of  the  creditors  of  the  said 

bankrupt,  at ,  in  the   ....   of ,  in  said  district  for  the 

following  purposes: 

[Here  set  forth  brief  statement  of  object  of  meeting  as  for  example,  "  To 
consider  a  proposed  compromise  of  a  controversy  between  the  trustee  herein  and 
concerning on  the  following  terms :  "] 

To  transact  such  other  business  as  may  properly  come  before  said  meeting. 

Dated, 19... 


Referee  in  Bankruptcy. 


166  FORMS  IN  BANKRUPTCY. 


FORM  No.  104. 
ORDER  AUTHORIZING  COMPROMISE. 


TTnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Upon  reading  and  filing  the  petition  of ,  trustee  herein,  duly 

verified,  praying  for  authority  to  compromise  a  controversy  with 

and  all  the  proceedings  heretofore  had  herein,  and  a  meeting  of  creditors 
having  been  duly  held  before  the  referee  herein  on  ten  days  notice,  to  consider 

the  proposed  compromise  of  the  controversy  with  the  said ,  and 

no  objections  having  been  filed  and  no  one  having  appeared  in  opposition 
thereto, 

Now,  on  motion  of ,  attorney  for  the  said  trustee,  it  is 

Ordered,    that    ,   the    trustee   herein,    be    and    he   hereby    is 

authorized  to  settle  and  compromise  the  controversy  with ,  of  the 

City  of ,  f or  the  sum  of  $ ,  and  the  said  trustee 

is  authorized  to  execute  the  necessary  papers  to  carry  out  said  compromise. 

Dated, , ,  19... 


Referee  in  Bankruptcy. 


FOKMS  IN  BANKRUPTCY.  167 


FORM  No.  105. 

PETITION  FOR  MEETING  OF   CREDITORS   TO  INDEMNIFY  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


To ,  Esq.,  Referee  in  Bankruptcy. 

The  petition  of respectfully  shows  to  the  court: 

1.  That  your  petitioner  is  the  trustee  in  bankruptcy  in  the  above  entitled 
proceeding,  having  been  duly  appointed  such  trustee  on  the    ....    day  of 

,  19.  .,  and  having  thereafter  duly  qualified  by  filing  the  required 

bond,  and  is  now  acting  as  such  trustee. 

8.  That  your  petitioner,  through  his  attorney,  conducted  an  examination 
of  the  bankrupt  and  his  wife,  and  based  upon  the  testimony  adduced  at  such 

examination,  brought  an  action  in  the court, County, 

for  the  purpose  of  setting  aside  certain  preferential  transfers.  That  your 
petitioner  was  also  substituted  as  party-plaintiff  in  an  action  pending  in  the 

Supreme  Court, County  against : 

said  action  being  for  an  accounting  with  reference  to  the  partnership  hereto- 
fore existing  between  the  said and  the  bankrupt  herein.     That 

your  petitioner  has  been  ordered  by  the  court  in  this  proceeding  to  file  security 
for  costs,  and  cannot  proceed  with  said  action  until  same  has  been  filed. 

3.  Your  petitioner  has  no  cash  nor  assets,  other  than  said  claim,  in  his 
hands,  and  feels  that  he  should  be  indemnified  both  as  to  such  security  already 
demanded  and  for  his  costs  and  expenses  in  carrying  on  this  litigation,  and 
your  petitioner  believes  and  has  been  advised  by  counsel  that  the  sum  of 

$ ,  which  should  be  furnished  before  requiring  petitioner  to  proceed 

further  with  the  litigation,  would  be  a  just  and  equitable  indemnity. 

Wherefore,  your  petitioner  prays  that  a  meeting  of  creditors  be  called  herein 
and  that  said  creditors  be  cited  to  show  cause  why  thoy  should  not  furnish 
proper  indemnity  to  the  trustee,  or  why  your  petitioner  should  not  be  permitted 


168  FORMS  IN  BANKRUPTCY. 

to  discontinue  the  aforesaid  actions  in  the  event  of  the  creditors  failing 
to  indemnify  him  in  the  amount  above  set  forth. 


Petitioner. 
(Verification.) 


FORM  No.  106. 

PETITION  THAT  BANKRUPT  TURN  OVER  CONCEALED  ASSETS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


>■    No. 


To Esq.,  Referee  in  Bankruptcy. 

The  petition  of ,  respectfully  shows: 

1.  That  he  is  the  trustee  herein  duly  qualified  and  acting. 

2.  Petitioner  respectfully  alleges  that  through  his  attorney,  he  has  ex- 
amined the  bankrupt  and  other  witnesses  in  this  proceeding  and  thoroughly 
investigated  the  books  of  the  bankrupt  and  the  circumstances  connected  with 
this  bankruptcy. 

3.  Petitioner  alleges,  upon  information  and  belief,  that the 

said  bankrupt  has  in  his  possession  or  under  his  control  the  following  property 
belonging  to  his  said  estate  in  bankruptcy : 


That  the  said  bankrupt  is  fraudulently  concealing  same  from  your  petitioner  as 
trustee. 

4.  That  said  property  so  concealed  amounts  in  value  to  at  least  $ 

5.  That  the  sources  of  petitioner's  knowledge  and  the  grounds  of  his  belief 
as  to  this  property  are  as  follows : 

[Here  specify  fully.] 


6.     No  previous  application  has  been  made  for  an  order  herein. 


FORMS  IN  BANKRUPTCY.  1G9 

Wherefore,  your  petitioner  prays  for  an  order  directing  the  bankrupt  to 
turn  over  and  deliver  forthwith  to  your  petitioner,  all  of  such  property  or 
moneys  so  concealed,  and  for  such  other  and  further  relief  as  may  bo  just 
and  proper. 


Petitioner. 
'  (Verification.) 

NOTES. 

"Turn  over"  motions. — Jurisdiction. 

An  order  requiring  a  bankrupt  to  surrender  assets  in  his  possession  or  control  is  not  an 
order  for  payment  of  a  debt. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  163;  142  Fed.  68;  73  C.  C.  A.  254. 

In  re  Epstein  (D.  C.  Pa.),  15  Am.  B.  R.  711. 

In  re  Schlesinger  (D.  C.  N.  Y.),  3  Am.  B.  R.  343;  97  Fed.  930. 

In  re  Gerstel  (D.  C.  111.),  10  Am.  B.  R.  411;  123  Fed.  166. 

In  re  McCormick  (D.  C.  N.  Y.),  3  Am.  B.  R.  340;  97  Fed.  566. 

Degree  of  proof  required,  "Beyond  Reasonable  Doubt." 

In  re  Frankfort  (D.  C.  N.  Y),  15  Am.  B.  R.  210;  144  Fed.  721. 

In  re  Weinreb  (C.  C.  A.  2nd  Cir.).  16  Am.  B.  R.  702;  146  Fed.  243. 

In  re  Alphin  and  Lake  Cotton  Co.,  14  Am.  B.  R.  194;  134  Fed.  477. 

In  re  Leinweber  (D.  C.  Conn.),  12  Am.  B.  R.  175;  128  Fed.  641. 

In  re  Feldser  (D.  C.  Pa.),  14  Am.  B.  R.  216;  134  Fed.  307. 

In  re  Gerstel  (supra).     In  re  Adler,  12  Am.  B.  R.  19;  129  Fed.  902. 

In  re  Kane,  10  Am.  B.  R.  478 ;  125  Fed.  984. 

In  re  Felson,  10  Am.  B.  R.  716;  124  Fed.  288.     In  re  Mize,  172  Fed.  945. 

Application  usually  by  trustee's  petition  to  referee  direct;  may  be  made  to  judge  and 
referred  to  a  special  master. 

In  re  Herskowitz  (D.  C.  N.  Y.),  18  Am.  B.  R.  247;  152  Fed.  316. 

In  re  Rothschild,  5  Am.  B.  R.  587. 

A  distinct  issue  should  be  made  by  petition  and  answer. 

In  re  Lasch,  12  Am.  B.  R.  158. 

In  re  Pearson,  2  Am.  B.  R.  819. 

In  re  Friedman,  1  Am.  B.  R.  510. 

Court  must  be  satisfied  of  bankrupt's  present  ability  to  comply. 

In  re  Davison,  16  Am.  B.  R.  337 ;  143  Fed.  673. 

In  re  Cole  (C.   C.   A.   1st  Cir.),   16  Am.  B.  R.  302;  144  Fed.  392;  75  C.  C.  A.  330; 
modf'g  14  Am.  B.  R.  389;  135  Fed.  439. 

American  Trust  Co.  v.  Wallis  (C.  C.  A.  3rd  Cir.),  11  Am.  B.  R.  360;  126  Fed.  464;  61 
C.  C.  A.  342. 

In  re  Stavrahu  (C.  C.  A.  2nd  dr.),  23  Am.  B.  R.  168;  174  Fed.  330. 

In  re  Cramer,  23  Am.  B.  R.  637;  175  Fed.  879. 

In  re  Tudor,  2  Am.  B.  R.  808 ;  96  Fed.  942. 

In  re  ^lize  (supra). 

Bankrupt's  denial  of  possession  of  the  property  not  conclusive. 

In  re  Schachter,  9  Am.  B.  R.  497;  119  Fed.  lOlO. 

In  re  Frankfort  (supra). 

Upon  a  bankrupt's  petition  to  review  an  order  adjudging  him  in  contempt  for  failure 
to  obey  an  order  to  turn  over  assets  to  his  trustee,  the  latter  order  is  not  reviewable. 

In  re  Lans  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  458;  158  Fed.  610;  85  C.  C.  A.  432. 

Order  refusing  to  direct  delivery  is  not  res  adjudicata  upon  subsequent  plenary  action. 

Murray  v.  Joseph  (D.  C.  N.  Y.),  16  Am.  B.  R.  705;  146  Fed.  260. 


ITO  FORMS  IN  BANKRUPTCY. 

When  evidence  sufficient  to  warrant  order. 

In  re  Averick  (D.  C.  Pa.),  170  Fed.  521. 

In  re  Adler  (D.  C.  OULi.),  170  Fed.  634. 

In  re  Reese  (D.  C.  Pa.),  170  Fed.  986. 

When  not  granted. 

In  re  LaPlume  Condensed  Milk  Co.  (D.  C.  Pa.),  16  Am.  B.  R.  739;  145  Fed.  1013. 

In  re  Walder  (D.  C.  Conn.),  16  Am.  B.  R.  41;  142  Fed.  784. 

In  re  Longbottom  and  Sons,  15  Am.  B.  R.  437 ;  142  Fed.  291. 

In  re  Sax  (D.  C.  Pa.),  15  Am.  B.  R.  455;  141  Fed.  223. 

What  order  should  provide. 

It  is  error  to  embody  in  the  order  what  is  substantially  a  judgment  for  contempt  and 
an  alternative  order  of  committal  therefor.  The  issue  on  the  question  of  contempt  is 
entirely  separate. 

In  re  Cole,  16  Am.  B.  R.  302;  144  Fed.  392;  75  C.  C.  A.  330;  rev'g  14  Am.  B.  R. 
389;  135  Fed.  439. 

In  re  Baum  (C.  C.  A.  8th  Cir.),  169  Fed.  410. 

Order  should  require  payment  to  the  trustee. 

In  re  Baum  (supra). 

Recovery  from  third  persons. 

When  it  is  clear  that  third  person's  possession  is  merely  colorable. 

In  re  Friedman  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  37;  161  Fed.  260;  88  C.  C.  A.  806; 
afif'g  18  Am.  B.  R.  712;  153  Fed.  939. 

In  re  Moore,  5  Am.  B.  R.  151 ;  104  Fed.  869. 

Taken  under  a  void  attachment. 

In  re  Graessler  &  Reich wald  (C.  C.  A.  9th  Cir.),  18  Am.  B.  R.  694;  154  Fed.  478;  83 
C.  C.  A.  304. 

Where  assets  have  been  forcibly  taken  out  of  estate  while  in  custodia  legis. 

In  re  Landis,  18  Am.  B.  R.  483;  151  Fed.  896. 

No  jurisdiction  by  summary  order  when  in  hands  of  state  court  on  replevin. 

InreL.  Rudnick  &  Co.  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  33;  160  Fed.  903;  88  C. 
C.  A.  85. 

See,  Knapp  and  Spencer  Co.  v.  Drew  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  355;  160  Fed. 
413;  87  C.  C.  A.  365. 


FORMS  IN  BANKRUPTCY. 


171 


FORM  No.  107. 

ORDER   THAT   BANKRUPT  TURN    OVER   CONCEALED   ASSETS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy, 


In  the  Matter 

OF 


y    No. 


bankrupt 


the  trustee  herein  having  made  an  application  to  compel 

,  the  bankrupt  above  named,  to  turn  over  to  his  said  trustee,  the 

sum  of  $ ,  proceeds  of  certain  property  belonging  to  his  estate,  alleged 

to  be  in  the  possession  and  control  of  said  bankrupt  and  which  the  said  bank- 
rupt is  fraudulently  concealing  from  his  said  trustee,  and  the  said 

having  filed  his  verified  answer  thereto  and  the  matter  having  been  duly  heard 
and  testimony  taken,  and  the  referee  having  rendered  a  decision  thereon, 

Now,  upon  reading  and  filing  the  petition  of ,  trustee  herein, 

verified  the day  of ,  19.  .,  the  answer  of bank- 
rupt herein,  verified  the day  of ,  19 .  .,  the  testimony  and  all 

proceedings  had  herein  and  after  hearing ,  attorney  for  the  said 

trustee,  in  support  of  said  petition,  and ,  attorney  for 

in  opposition  thereto,  it  is,  upon  motion  of   ,  attorney  for  said 

trustee. 

Ordered,  that  the  prayer  of  the  trustee's  petition  herein,  be,  and  it  hereby  is, 
in  all  respects  granted,  and 

It  is  further  ordered,  that  the  said   ,  bankrupt  herein,  account 

for  and  pay  over  within days  to as  trustee  herein,  the  sum 

of  $ belonging  to  his  said  estate  in  bankruptcy  and  found  to  be  in 

his  possession  or  under  his  control. 

Dated, , ,19... 


Referee  in  Bankrupicy. 


172  FORMS  IN  BANKRUPTCY. 


FORM  No.  108. 
PETITION  UNDER  SEC.  60-d.   TO  RECONSIDER  ATTORNEY'S  rEB 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


bankrupt. 


J 


>   No. 


To Esq.,  Keferee  in  Bankruptcy. 

The  petition  of  respectfully  shows  to  this  court  upon 

information  and  belief: 

1.  That  he  is  the  trustee  herein,  duly  qualified  and  acting. 

2.  That  on  or  about  the   ....    day  of   ,   19..,  an  involuntary 

petition  in  bankruptcy  was  filed  against  the  above  named  bankrupt,  and 

Esq.,  was  on  the  same  day  duly  appointed  temporary  receiver 

herein  and  duly  qualified,  and  that  subsequently  on  said  petition  the  said 

was  duly  adjudged  a  bankrupt,  and  on  the  ....  day  of , 

19. .,  petitioner  was  duly  appointed  trustee  herein. 

3.  That  your  petitioner  through  his  attorney,  has  conducted  a  lengthy  ex- 
amination of  the  bankrupt  and  various  witnesses  at  the  adjourned  first  meeting 

of  creditors.     That  among  the  persons  examined  was Esq.,  an 

an   attorney  at  law  of  this  court,  residing  in  this  district,   and  with   an 

office  at  No ,  City  of   ,  and  the  attorney  for  the 

bankrupt  herein.     That  from  said  examination,  it  appears  that  the  bankrupt 

herein  in  contemplation  of  bankruptcy  has  paid  to  the  said ,  his 

attorney,  the  sum  of  $ for  services  to  be  rendered  in  connection  with 

the  said  bankruptcy  proceedings. 

4.  That  your  petitioner  alleges  that  the  said has  performed 

no  services  entitling  him  to  retain  the  sum  of  $ nor  any  part 

thereof. 

5.  That  no  previous  application  has  been  made  for  an  order  herein. 
Wherefore,  your  petitioner  prays  for  an  order  under  Sec.  60   (d)   of  tiie 

Bankruptcy  Law.  that  the  said  p'lyment  be  re-examined  by  tiiis  court  and  that 


FORMS  IN  BANKRUPTCY.  173 

the  said be  directed  to  turn  over  to  your  petitioner  as  trustee,  the 

sum  of  $ as  a  part  of  the  assets  belonging  to  this  estate  and  for 

such  other  and  further  relief  as  may  be  just  and  proper. 


Petitioner. 
(Verification.) 


FORM  No.  109. 

ORDER  THAT  ATTORNEY  REPAY  MONEYS  TO  TRUSTEE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


y  No. 


Bankrupt. 


,  as  trustee  in  bankruptcy  in  the  above  entitled  proceeding, 

having  filed  a  petition  herein,  praying  under  Sec.  60  (d)  that , 

an  attorney  of  this  court,  be  directed  to  turn  over  to  the  said  trustee  the  sum 

of  $ ,  proceeds  of  certain  property  alleged  to  belong  to  the  said  bankrupt 

estate  and  wrongfully  retained  for  alleged  services  by  the  said , 

and  the  matter  having  regularly  come  on  for  hearing  and  re-examination  and 

the  referee  having  on  the day  of ,  19. .,  handed  down  a 

decision  and  findings  of  fact. 

Now,  upon  reading  and  filing  the  petition  of ,  trustee,  verified 

the  ....  day  of ,  19.  .,  the  answer  of ,  verified  the 

....  day  of ,  10-  -5  the  testimony,  exhibits  and  all  proceedings  had 

herein,  and  after  hearing   ,  attorney  for  the  said  trustee  in 

support  of  the  said  petition,  and ,  attorney  for , 

in  opposition  thereto. 

Now,  upon  motion  of  the  said  attorney  for  the  trustee,  it  is 

Ordered,  that  the  prayer  of  the  trustee's  petition  herein  be  and  hereby  is  in 
all  respects  granted. 

And  it  is  further  ordered,  that  the  said pay  over  within  .... 


174  FORMS  IN  BANKRUPTCY. 

days  to as  trustee  in  bankruptcy  herein,  the  sum  of 

Dated , ,19... 


Eeferee  in  Bankruptcy. 


NOTES. 


Re-examination  of  payment  to  attorney.    Sec.  60-d. 

Jurisdiction. — An  administrative  proceeding. 

Iq  re  Wood  and  Henderson  (U.  S.  Sup.),  20  Am.  B.  R.  1;  210  U.  S.  246;  52  L.  Ed. 
1046.     In  re  Lewin,  4  Am.  B.  R.  632;  103  Fed.  850. 

Attorney  not  an  adverse  claimant. 

In  re  Ellis  Bros.  Printing  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  472;  156  Fed.  430.  State 
Court  has  no  jurisdiction. 

In  re  Wood  &  Henderson  (supra). 

Services  are  those  "  tobe  rendered  "  in  contemplation  of  the  filing  of  a  petition,  "  by  or 
against "  the  bankrupt.  Furth  v.  Stahl,  10  Am.  B.  R.  442 ;  205  Pa.  St.  439 ;  Pratt  v.  Bothe 
(C.  C.  A.  6th  Cir.),  12  Am.  B.  R.  529;  130  Fed.  670;  65  C.  C.  A.  48. 

In  re  Kross  (D.  C.  N.  Y.),  3  Am.  B.  R.  187;  96  Fed.  816.  In  re  Habegger  (C.  C.  A. 
8th  Cir.),  15  Am.  B.  R.  198;  139  Fed.  623;  71  C.  C.  A.  607. 

Summary  order  to  restore  property  denied. 

In  re  Gilroy  &  Bloomfield,  14  Am.  B.  R.  627;  140  Fed.  733. 

Practice. 

By  petition  of  trustee. 

In  re  Shiebler  &  Co.  (D.  C.  N.  Y.),  20  Am.  B.  R.  777;  163  Fed.  545. 

In  re  Wood  and  Henderson  {supra). 

Notice. 

In  re  Lewin  (D.  C.  Vt.),  4  Am.  B.  R.  632  ;  103  Fed.  850. 

When  attorney  ordered  to  turn  over  property. 

In  re  Eurich's  Fort  Hamilton  Brewery  (D.  C.  N.  Y.),  19  Am.  B.  R.  798;  158  Fed.  644. 


FORMS  IN  BANKRUPTCY. 


175 


FORM  No.  110. 

CERTIFICATE  OF   CONTEBffPT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy, 


In  the  Matter 

OP 


Bankrupt. 


No. 


To  the  United  States  District  Court  for  the District  of : 

I,    ,  one  of  the  referees  in  bankruptcy  of  this  Court,  do 

respectfully  report  and  certify  that  on  the day  of ,  I 

made  an  order  requiring    ,  bankrupt  herein,  to  pay   to 

,  trustee  in  bankruptcy  in  this  proceeding,  on  or  before  tho 

....  day  of J  19  •  • ,  the  sum  of  $ ,  which  said  sum  was  in  his 

possession  or  under  his  control  and  for  which  sum  said has  nof 

accounted. 

At  the  time  of  the  entry  of  said  order  said was  before  me  in 

person  and  by  counsel  A  copy  of  said  order  is  filed  here- 
with and  made  a  part  hereof. 

I  further  certify  that   has  failed  to  comply  with  said  order 

and  that  the  time  within  which  to  comply  has  now  expired. 

I  therefore  find  that  said is  in  contempt  of  court,  and  there- 
fore recommend  that  he  be  punished  for  contempt  and  committed  until  he 
shall  have  paid  to  the  said  trustee,  the  said  sum  of  $ 

All  of  which  is  respectfully  submitted. 

Dated 19... 


Referee  in  Bankruptcy. 


176. 


FORMS  IN  BANKRUPTCY. 


FORM  No.  111. 

PETITION  TO  REVIEW  REFEREE'S  ORDER. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Mattbb 

OF 


V    No. 


Alleged  bankrupt. 


J 


To Esq.,  Referee  in  Bankruptcy. 

Your  petitioner  respectfully  shows: 

That  he  is  a  creditor  of  ,  the  above  named  bank- 
rupt, and  that  his  claim  has  been  allowed  herein. 

That  on  the   ....   day  of   ,  19.  .,  an  order,  a  copy  of  which  is 

hereto  annexed,  was  made  and  entered  herein. 

That  such  order  was  and  is  erroneous  in  that 


Wherefore,  your  petitioner,  feeling  aggrieved  because  of  such  order,  prays 
that  the  same  may  be  reviewed,  as  provided  in  the  Bankruptcy  Act  of  1898 
and  General  Order  XXVII. 
•Dated, , ,19... 


Petitioner. 


(Verification.) 


NOTES. 


General  order  XXVII. 

Referees  lindings  of  fact  upon  conflicting  testimony  should  be  upheld  unless  clearly 
•wrong. 

In  re  Slirivcr,  10  Am.  B.  R.  746  ;  125  Fed.  511. 

In  re  Carver  &  Co.,  7  Am.  B.  R.  539  ;  113  Fed.  138. 

In  re  Linton,  7  Am.  B.  R.  676. 

Love  V.  Export  Storage  Co.  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  172  ;  143  Fed.  1;  74  C. 
C.  A.  155. 

Houck  V.  Cristy  (C.  C.  A.  8th  Cir),  18  Am.  B.  R.  330  ;  152  Fed.  612;  81  C.  C.  A.  602. 

In  re  Kenyon,  19  Am.  B.  R.  194  ;  156  Fed.  863. 


FORMS  IN  BANKRUPTCY.  177 

Southern  Pine  Co.  v.  Savannah  Trust  Co.,  (C.  C.  A.  5th  Cir.).  15  Am.  B.  R.  618  ;  141 
Fed.  802;  73  C.  C.  A.  60. 

Boyd  V.  Arnold,  Loucheim  &  Co.  (C.  C.  A.  5th  Cir.),  17  Am.  B.  R.  839;  149  Fed.  187; 
79  C.  C.  A.  135. 

In  re  Simon  &  Sternberg,  18  Am.  B.  R.  204.  151  Fed.  507. 

May  be  reviewed,  though  no  formal  exceptions  are  filed  v/hen  such  filing  is  not 
required  by  a  rule  or  order  of  the  court. 

In  re  People's  Department  Store  Co.  (D.  C.  N.  Y.),  20  Am.  B.  R.  244;  159  Fed.  286. 

Upon  review  of  an  order  or  report  of  a  referee,  the  judge  may  consider  any  point 
presented  by  the  record  whether  raised  or  not  before  the  referee. 

In  re  Samuel  Wilde's  Sons  (C.  C.  A.  2iid  Cir.),  16  Am.  B.  R.  386;  144  Fed.  972;  75 
C.  C.  A.  601;  aflf'g  13  Am.  B.  R.  217;  133  Fed.  562. 

Petition  should  "  review  order,"  not  decision. 

In  re  Chambers,  Calder  &  Co.,  6  Am.  B.  R.  709;  98  Fed.  865. 

Time  limit. 

Where  no  local  rule  prescribes. 

Crim  V.  Woodford  (C.  C.  A.  4th  Cir.),  14  Am.  B.  R.  303;  136  Fed.  34. 

In  re  Chambers,  Calder  &  Co.  (supra). 

Bacon  v.  Roberts  (C.  C.  A.  3rd  Cir.);  17  Am.  B.  R.  421;  146  Fed.  729;  77  C.  C.  A. 
155. 

In  re  Foss,  17  Am.  B.  R.  439;  147  Fed.  790. 

In  the  absence  of  statute  or  rules  of  court  a  petition  to  review  an  order  of  a  referee 
does  not  of  itself  operate  as  a  supersedeas. 

In  re  Home  Discount  Co.,  17  Am.  B.  R.  168;  147  Fed.  538. 

Does  not  contemplate  a  trial  de  novo. 

In  re  Home  Discount  Co.  (supra). 

District  Court  not  bound  by  the  referee's  conclusions  because  the  witnesses  testified 
before  him. 

In  re  People's  Department  Store  Co.,  20  Am.  B.  R.  244;  159  Fed.  286. 


FORM  No.  112. 

REFEREE'S  CERTIFICATE  OH   REVIEW. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Mattes 

OF 


bankrupt. 


y    No. 


To  the  Hon ,  District  Judge : 

I, ,  the  referee  in  bankruptcy  in  charge  of  this  proceeding,  do 

hereby  certify : 


178  FORMS  IN  BANKRUPTCY. 

That,  in  the  course  of  such  proceeding,  an  order,  a  copy  of  which  is  annexed 

to  the  petition  hereinafter  referred  to,  was  made  and  entered  on  the 

day  of ,  19... 

That,  on  the day  of 19.  ., , in 

such  proceeding,  feeling  aggrieved  thereat,  filed  a  petition  for  a  review,  which 
was  granted. 

That  a  summary  of  the  evidence  on  which  such  order  was  based  is  as  follows : 


That  the  question  presented  on  this  review  is : 


I  hand  up  herewith,  for  the  information  of  the  Judge,  the  following  papers: 

1.  The  record-book  of  this  proceeding: 

2.  The  petition  on  which    this  certificate  is  granted: 

3.  All  other  papers  filed  with  me  herein  which   are  pertinent  to  this 
review. 

Dated, , , ,19... 

Respectfully  submitted. 


Referee  in  Bankruptcy. 


NOTES. 

General  order  XII. 

Knapp  &  Spencer  Co.  v.  Drew  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  355;  160  Fed.  413; 
87  C.  C.  A.  365. 

Certificate  of  a  referee  cannot  be  considered  a  petition  for  review  of  the  findings  of 
the  referee. 

Craddock-Terry  Co.  et  al.  v.  Kaufman,  175  Fed.  303. 

Referee  may  not  certify  a  question  of  his  own  motion. 

In  re  Reukauff,  Sons  &  Co.,  Inc.,  (D.  C.  Pa.),  14  Am.  B.  R.  344;  135  Fed.  251. 


FUKAis  IN  ba:nkkupt(;y.  179 


FORM  No.  113. 

REFEREE'S  CERTIFICATE  ON  DEFAULT  OF   WTTNES8. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


To  the  Hon ,  District  Judge : 

I, ,  referee  in  bankruptcy,  to  whom  was  referred  the  above 

entitled  matter,  do  hereby  certify  that  on  the  ....  day  of ,  19.  .,  a 

subpoena  was  duly  issued  by ,  clerk  of  the  United  States  Dis- 
trict Court  for  the District  of ,  under  the  seal  of  said 

court,  requiring to  attend  before  me  at  my  office,  No 

Street,  City  of ,  on  the  ....  day  of ,  19 .  . ,  at 

o'clock  in  the noon,  to  testify  and  give  evidence  herein  on  the  part  of 

the  trustee  of  the  estate  of  the  above  named  bankrupt,  (and  produce  at  that 
time  and  place  all  his  books,  showing  records  of  all  purchases  and  sales  made 

by  him  or  under  his  supervision  during  the  months  of  ....  and in 

the  year  19. .,)  and  that  on  the  said  day  of ,  19. .,  at   .... 

o'clock  in  the noon,  the  said  trustee  attended  at  my  office,  No 

Street,  City  of    ,  with  his  counsel,  prepared  to  examine  the  said 

under  the  said  subpoena,  that  the  said  trustee  produced  at  the 

time  and  place  aforesaid  the  said  original  subpoena,  with  proof  of  the  due 

service  thereof  on  the  said   on   19.  .,  and  that  after 

waiting  for  thirty  (30)  minutes  for  the  said to  appear,  he  failed 

to  appear  and  his  default  was  thereupon  duly  noted  on  the  record  in  this 
case. 

Dated , ,19... 


Referee  in  Bankruptcy. 


180 


FOKMS  IN  BANKKUPTCY. 


FORM  No.  114. 

REFEREE'S     CERTIFICATE     CI.OSING     PROCEEDING    FOR    IiACK    OF 

PROSECUTION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


To  the  Hon , 

District  Judge : 

I   ,  the  referee  in  bankruptcy  in  charge  of  this  matter,  do 

hereby  certify  and  report  that  the  order  of  adjudication  and  reference  in  this 

proceeding,  was  made  on  the    day  of   ,  19...     That  no 

indemnity  has  been  deposited  herein  nor  any  proceedings  taken  by  the  peti- 
tioning creditors  to  bring  on  the  first  meeting,  though  notified  so  to  do.     That 

after  waiting months  and  no  further  proceedings  being  taken,  I  made 

an  order  dated  ,  19. .,  requiring  creditors  and  the  bank- 
rupt to  show  cause  before  me  on    ,   19. .,   why   this 

proceeding  should  not  be  dismissed,  that  said  order  having  been  duly  served 
on  the  respective  attorneys  for  the  bankrupt,  and  the  petitioning  creditors 
and  by  mail  to  all  creditors  and  no  one  having  appeared  on  the  return  day  of 
said  order  to  show  cause,  I  hereby  certify  that  this  proceeding  be  dismissed  for 
lack  of  prosecution  and  I  hereby  return  herewith  to  the  clerk  of  this  court  all 
the  papers  filed  in  my  office  in  this  proceeding. 

Dated, , ,  19. . 


Referee  in  Bankruptcy. 


NOTE. 
See  amendment  1910,  sec.  59-G.  as  to  notice. 


FORMS  IN  BANKRUPTCY.  181 


FORM  No.  115. 

[Official.] 
APPOINTMENT,  OATH,  AND  REPORT  OF  APPRAISERS. 

In  the  District  Court  of  the  United  States  for  the District 

of   

In  Bankruptcy. 


In  the  Matter 
OF 


SanTcrnpt. 


y    No. 


It  is  ordered  that   ,  of   ,   ,  of 

,  and ,  of, ,  three  disinterested  persons, 

be,  and  they  are  hereby,  appointed  appraisers  to  appraise  the  real  and  personal 
property  belonging  to  the  estate  of  the  said  bankrupt  set  out  in  the  schedules 
now  on  file  in  this  court  and  report  their  appraisal  to  the  court,  said  appraisal 
to  be  made  as  soon  as  may  be,  and  the  appraisers  to  be  duly  sworn. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


Referee  in  Bankruptcy. 

....  District  of ,  ss. : 

Personally  appeared  the  within-named , and 

,  and  severally  made  oath  that  they  will  fully  and  fairly  ap- 
praise the  aforesaid  real  and  personal  property  according  to  their  best  skill 
and  judgment. 


Subscribed  and  sworn  to  before  me,  this day  of 

A.  D.,  19... 


{Official  character.) 

We,  the  undersigned,  having  been  notified  that  we  were  appointed  to  es- 
timate and  appraise  the  real  and  personal  property  aforesaid,  have  attended  to 
the  duties  assigned  us,  and  after  a  strict  examination  and  careful  inquiry,  we 
do  estimate  and  appraise  the  same  as  follows : 


182 


FORMS  IN  BANKRUPTCY. 


Dollars.      Cents. 


In  witness  whereof  we  hereunto  set  our  hands,  at 
day  of ,  A.  D.  19... 


this 


FORM  No.  116. 

PETITION  OF  APPRAISERS  FOR  ALLOWANCE. 


United  District  Court, 

District  of  .  . . 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


V    No. 


To  the  District  Court  of  the  United  States, 

For  the ,  District  of , 

The  petition  of ,   ,  and  , 

respectfully  shows: 

That  on  the day  of ,  1 9 .  . ,  by  order  of , 

Esq.,  your  petitioners  were   duly   appointed   appraisers   herein.      That   said 

appraisers  met  at  the  office  of ,  duly  qualified  and  entered 

upon  the  performance  of  their  duties. 

That  the  property  belonging  to  the  bankrupt  estate  consisted  of  (Here  set 
forth  property.)    


FORMS  IN  BANKRUPTCY.  183 

That  it  was  necessary  for  the  appraisers  to  inventory  and  inspect  all  of  said 
property. 

That  the  total  value  of  said  property,  as  found  by  the  appraisers  and  em- 
bodied in  the  appraisers'  report  on  file  in  this  proceeding,  was  the  sum 
of  $ 

That  the  appraisers  were  engaged  in  making  said  appraisal  and  in  prepara- 
tion of  their  report  for  substantial  portions  of  days.  That  said  ap- 
praisal, etc.:  (Here  set  forth  any  particular  facts  as  to  difficulty,  expert 
knowledge,   etc. )     


That  your  petitioners  have  received  no  compensation  for  their  services  as 
appraisers  of  this  estate,  and  consider  their  said  services  to  be  reasonably 

worth  the  sum  of  $ each.     That  your  petitioners  are  informed  and 

verily  believe  that  the  trustee  herein  has  in  his  hands  sufficient  funds  to  pay 
such  allowance  as  may  be  made  herein. 

Wherefore,  your  petitioners  pray  that  such  allowances  may  be  made  to 
them  for  their  services  as  to  this  court  may  seem  just  and  reasonable. 


Petitioners. 
(Verification.) 

NOTES. 

Appraisers.     Sec.  70-b. 

In  re  Prager,  8  Am.  B.  R.  356. 

Appointment  of  on  suggestion  of  creditor  not  necessarily  void. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526 ;  142  Fed.  234. 

Appraisal — form  of. 

In  re  Gordon  Supply,  etc.,  Co.,  13  Am.  B.  R.  352;  133  Fed.  798. 

Fees  of. 

In  re  Grimes,  2  Am.  B.  R.  730;  96  Fed.  529. 

In  re  Jamieson,  6  Am.  B.  R.  601. 

In  re  E.  J.  Fidler  &  Son  (D.  C.  Pa.),  23  Am.  B.  R.  16;  172  Fed.  632. 

In  absence  of  proof  to  contrary  governs  as  to  the  value  of  bankrupt's  property. 

Schuler  v.  Hassinger  (C.  C.  A.  5th  Cir.),  177  Fed.  119. 


184  FORMS  IN  BANKRUPTCY. 


FORM  No.  117. 

ORDER  GRANTING  ALLOWANCE  TO   APPRAISERS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


V    No. 


On  reading  and  filing  the  petition  of , 

and ,  the  appraisers  herein,  verified , 

19.  .,  and  the  trustee  having  received  due  notice  of  the  application,  it  is 

Ordered,  that , and 

be  and  they  are  hereby  each  allowed  the  sum  of  $ for  their  services 

as  appraisers  herein. 

And  it  is  further  ordered  that  the  trustee  of  the  estate  of  the  above  named 
bankrupt  be  and  he  is  hereby  directed  to  pay  the  said  allowances  out  of  the 
funds  in  his  hands  belonging  to  this  estate. 

Dated , ,  19. .. 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY. 


185 


FORM  No.  118. 

ORDEB  DECIiARING  FIRST  DIVIDEND  AND    DIVIDEND  SHEET. 


TTnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


y    No. 


The  trustee  herein  having  filed  in  the  referee's  office  a  report,  dated 

,  19. .,  showing  that  he  has  now  in  his  hands  money  belonging  to 

the  bankrupt  estate  sufficient  to  pay  the  dividend  hereinafter  declared,  and  it 
appearing  from  said  trustee's  report  that  such  dividend  will  not  exceed  fifty 
per  cent  of  the  money  of  the  estate,  excepting  claims  entitled  to  priority,  it  is, 
on  motion  of ,  attorney  for  said  trustee, 

Ordered,  that  a  first  dividend  of per  cent  (...%)  be  and  the 

same  is  hereby  declared  on  the  claims  duly  proved  and  allowed  herein  and  not 
entitled  to  priority  of  payment. 

And  it  is  further  ordered  that  ,  trustee  of  the  estate  of  the 

above  named  bankrupt,  be  and  is  hereby  directed  to  make  the  payments  con- 
tained in  the  dividend  sheet  hereto  annexed  out  of  the  funds  in  his  hands 
belonging  to  the  estate. 

Dated , ,19... 

) 

Referee  in  Bankruptcy. 


186 


FORMS  IN  BANKRUPTCY. 


United  States  District  Court, 

for  the District  of ., 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


^No. 


DIVIDEND  SHEET 

At  the  City  of ,  in  said  District,  on  the  ....  day  of 

A.  D.,  19... 

A  list  of  debts  proved  and  claimed  under  said  bankruptcy  with  a  first 

dividend  of per  cent,  this  day  declared  thereon  by , 

Esq.,  referee  in  bankruptcy. 


Creditors.    Claim  No. 

Claim. 

Dividend. 

Dividend   with 
Filing  Fee. 

Totals         

Referee  in  Bankruptcy. 


NOTES. 


Dividends.     Sees.  65-a,  b. 

Cross  references,  sees.  39  a,  (1),  47-a,  (4),  (9),  55-f,  57,  58-a,  (5),  (6),  66. 

General  order  XXIX. 

In  computation  for  first  dividend  claims  .scheduled,  but  not  filed,  must  be  Included. 

In  re  Scott,  2  Am.  B.  R.  824;  96  Fed.  607. 

See,  In  re  Walker,  3  Am.  B.  R.  35;  96  Fed.  550. 

See,  as  to  exceptions  in  some  jurisdictions. 

In  re  Ileebner,  13  Am.  B.  R.  256;  132  Fed.  1003. 


FORMS  IN  BANKRUPTCY.  187 

FORM  No.  119. 

NOTICE  OF  DIVIDEND  AND  WARRANT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


^Bankrupt. 


Notice  of  Dividend. 
y     No 


Notice  of  the  declaration  and  time  of  the  payment  of dividend. 


At on  the  ....  day  of ,  19. .. 

To  the  Creditors  of  the  above  named  Bankrupt : 

Notice  is  hereby  given,  that  I  have  this  day  declared  a dividend 

out  of  the  above  estate  of per  cent,  upon  the  claims  proved  and 

allowed  herein. 


Referee  in  Bankruptcy. 


To  the  Creditors  of  the  above  named  Bankrupt  whose  claims  have  been  proved 
and  allowed  herein : 

I  hereby  inform  you  that  you  may,  on  application  at  my  office,  No 

Street,  in  the  City  of ,  on  the  ....  day  of ,  19 .  . 

or  on  any  day  thereafter,  between  the  hours  of ,  M.  and ,  M. 

receive  a  warrant  for  a dividend  due  to  you  out  of  the  above  estate 

If  you  cannot  personally  attend,  the  warrant  will  be  delivered  to  your  order 
on  your  filling  up  and  signing  the  subjoined  letter. 


Trustee  in  Bankruptcy. 


To , Street,  City  of 

Trustee  in  Bankruptcy  of  the  estate  of ,  Bankrupt. 

Please  deliver  to ,  the  warrajit  for  the 

dividend  payable  out  of  the  said  estate  to  me. 

(Signed)  , 

Creditor. 


188 


FORMS  IN  BANKRUPTCY. 


FORM  No.  120. 

NOTICE  OF  FINAL  MEETING. 


United  States  District  Court, 

District  of  . 

In  Bankruptcy. 


In  the  Matter 

OF 


y   No. 


bankrupt. 


To  the  Creditors  of  the  above  named  Bankrupt: 

Notice  is  hereby  given  that  the  trustee  in  bankruptcy  in  this  proceeding 
has  filed  his  final  account  in  the  office  of  the  undersigned  referee  herein,  where 
it  may  be  inspected  by  creditors,  and  that  a  final  meeting  of  the  creditors  of 

said  bankrupt  will  be  held  at  the     Referee's  office  No Street, 

in  the  City  of ,  County  of ,  on , 

,  19. .,  at  ....  M.,  at  which  meeting  the  said  trustee's  account 

will  be  examined,  and  if  found  correct,  the  same  will  be  allowed  and  the  trustee 
discharged  of  his  trust,  and  the  amount,  if  any,  remaining  for  dividends, 
will  be  determined  by  the  referee  and  a  final  dividend  declared,  if  there  are 
funds  applicable  thereto;  and  any  other  business  proper  to  be  performed  at 
said  meeting  may  be  transacted. 

Dated,  ,  ,  19. . 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY.  189 

FORM  No.  121. 

ORDER  PASSING  TRUSTEE'S  ACCOUNT  AND  DECLARING  DIVIDEND. 

In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


y     No. 


The  Trustee  in  Bankruptcy  in  this  proceeding  having  duly  filed  his  verified 
final  account,  and  due  notice  of  filing  said  account  and  of  a  final  meeting  of 
the  creditors,  to  be  held  at  the  Referee's  office,  to  pass  upon  said  account  and 
to  fix  the  amounts  to  be  allowed  for  debts  and  payments  entitled  to  priority 
and  to  declare  a  dividend,  having  been  given  to  the  creditors,  and  the  said 
meeting  of  creditors  having  been  duly  held,  and  any  objections  in  reference  to 
said  account  or  to  the  allowance  of  said  debts  or  payments  entitled  to  priority 
or  otherwise  having  been  duly  heard  and  considered,  it  is  hereby 

Ordered,  that  the  said  account  be  passed  and  allowed  as  filed. 

And  it  is  further  ordered,  that  the  debts  and  payments  entitled  to  priority 
are  hereby  fixed  and  allowed  by  the  Referee  at  the  amounts  stated  in  a  certain 
list  of  debts  and  payments  entitled  to  priority  filed  herewith,  and  the  Trustee 
is  hereby  directed  to  pay  to  the  persons  named  in  said  list,  out  of  the  balance  in 
his  hands,  the  amounts  stated  therein  to  be  due  to  said  persons  respectively; 

And  the  balance  in  the  hands  of  the  Trustee,  as  shown  by  his  final  account 

as  settled  and  allowed,  being  $ and  the  aggregate  amount  of  said 

debts  and  payments  entitled  to  priority  being leaving,  after  the 

payment  of  said  debts  and  payments  entitled  to  priority,  $ applicable 

to  the  payment  of  dividends ;  and  the  aggregate  amount  of  the  claims  proved 
and  allowed  in  this  proceeding  and  not  entitled  to  priority  to  this  date,  being 

$ and  the  said  amount  remaining  in  the  Trustee's  hands,  applicable 

to  the  payment  of  dividends,  being    per  cent,   of  said  aggregate 

amount  of  said  claims  proved  and  allowed,  it  is  further 

Ordered,  that  a  dividend  of per  cent,  be  and  hereby  is 

declared  upon  the  said  claims  of  creditors,  and  that  the  said  Trustee  be  and 
hereby  is  directed  to  pay  to  the  said  creditors  the  respective  amounts  stated 
in  a  dividend  list  made  out  and  filed  with  this  order ;  and  it  is  further 


190  FORMS  IN  BANKRUPTCY. 

Ordered,  that  the  said  Trustee  take  a  receipt  for  the  payments  directed  by 
this  order,  and  return  the  same  to  the  office  of  the  Referee  with  all  convenient 
speed. 

Dated, , ,19.. 


Referee  in  Bankruptcy. 


FORM  No.  122. 

REFEREirS  CERTIFICATE  OF  INDEMNITY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP" 


Bankrupt. 


No, 


I,  ,  Referee  in  Bankruptcy,  to  whom  the  above  entitled  pro- 
ceeding has  been  duly  referred,  do  hereby  certify  that  an  order  has  been 
made  and  entered  herein  discharging  the  Trustee  and  cancelling  his  bond; 
that  the  following  is  an  itemized  statement  of  the  sum  deposited  with  me 
as  indemnity  herein  and  of  the  items  of  charges  against  the  same  and  that 
there  is  no  balance  remaining  of  said  sums  in  my  hands,  and  that  the  pro- 
ceeding is  closed. 

Dated,  , ,19.. 


Referee  in  BanJcruptcy. 


FORMS  IN  BANKRUPTCY.  191 

FORM  No.  123. 

ORDER  FIXING  AI.LO\VANCE  OF  BANKRUPTS  ATTORNEY. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  thb  Matteb 

OF 


Bankrupt. 


\    No. 


,  the  attorney  for  the  bankrupt  herein,  having 

presented  his  duly  verified  petition,  praying  that  he  be  allowed  a  reasonable 
amount  for  services  rendered  by  him  to  the  bankrupt  in  this  proceeding,  and 
that  he  be  repaid  certain  moneys  expended  by  him,  and  the  trustee  herein 
having  received  due  notice  of  the  application  and  hearing  thereon,  now  on 

reading  and  filing  the  petition  of ,  verified ,  19.  .,  and 

after  hearing ,  in  support  of  said  petition,  and  no  one  appear- 
ing in  opposition  thereto,  it  is,  on  motion  of   ,  attorney  for 

the  bankrupt  herein, 

Ordered,  that  the  sum  of dollars  be  and  the  same  is  hereby 

allowed  to  the  said for  his  services  as  attorney  for  the  bank- 
rupt herein  and  the  further  sum  of dollars  for  his  disbursements 

incurred  for  said  estate  and  the  trustee  is  directed  to  pay  said  sums  out  of  the 
funds  in  his  hands  belonging  to  the  estate. 

Dated, ,  ,  19.. 


Referee. 

NOTES. 

In  Southern  District  of  Nevr  York.     See  Rule  XL. 

Compensation  of  bankrupt's  attorney. — For  -w^hat  services  compensated. 

In  re  Goldville  Mfg  Co.,  10  Am.  B.  R.  552;  123  Fed.  579. 

In  re  Rosenthal,  9  Am.  B.  R.  626;  120  Fed.  848. 

In  re  Mayer,  4  Am.  B.  R.  2^8;  101  Fed.  695. 

In  re  Terrill,  4  Am.  B.  R.  625;  103  Fed.  781. 

In  re  Anderson,  4  Am.  B.  R.  640;  103  Fed.  854. 

In  re  Carolina  Cooperage  Co.,  3  Am.  B.  R.  154;  96  Fed.  950. 

In  re  Payne  (D.  C.  N.  Y.),  18  Am.  B.  R.  192;  151  Fed.  1018. 

In  re  Hitclicock,  17  Am.  B.  R.  664.     In  re  Kross,  3  Am.  B.  R.  187;  96  Fed.  816. 

Only  one  allowance,  though  members  of  a  bankrupt  firm  appear  by  different  attorneys. 


192  FORMS  IN  BANKRUPTCY. 

In  re  Eachwege  &  Cohn,  8  Am.  B.  R.  283. 

In  re  Christiansoa  (D.  C.  N.  Dak.),  23  Am.  B.  R.  710;  175  Fed.  867. 

No  allowance  for  services  in  resisting  proceeding  by  trustee  to  compel  bankrupt  to 
turn  over  assets. 

In  re  Felson,  15  Am.  B.  R.  185;  139  Fed.  275. 

In  re  Stratemeyer,  14  Am.  B.  R.  120. 

Excludes  services  in  connection  with  discharge. 

In  re  Brundin,  7  Am.  B.  R.  296;  112  Fed.  306. 

In  re  Averill,  1  N.  B.  N.  544. 

Excludes  services  to  bankrupt  on  exemptions. 

In  re  Castleberry,  16  Am.  B.  R.  430;  143  Fed.  1018. 

If  attorney  has  previously  received  compensation  from  the  bankrupt  for  the  services, 
no  further  sum  should  be  allowed. 

In  re  O'Connell,  3  Am.  B.  R.  422;  98  Fed.  83. 

In  re  Smith,  5  Am.  B.  R.  559;  108  Fed.  39. 

Comp.,  In  re  Goodwin,  2  N.  B.  N.  Rep.  445. 

In  re  Young  (D.  C.  N.  Car.),  16  Am.  B.  R.  106;  142  Fed.  891. 

Not  entitled  to  compensation  for  services  rendered  upon  questions  of  allowance  of 
claims. 

Ohio  Valley  Bank  Co.  v.  Mack  et  al.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  40;  163  Fed. 
155;  89  C.  C.  A.  605;  affg  20  Am.  B.  R.  919. 

On  confirmation  of  composition  bankrupt  must  pay  his  attorney  for  his  services  in  the 
matter. 

In  re  Martin  (D.  C.  N.  Y.),  18  Am.  B.  R.  250;  151  Fed.  780. 

Allowance  in  discretion  of  the  court  and  payments  to  an  attorney  valid  only  so  far  as 
subsequently  approved  by  the  court. 

In  re  Morris,  11  Am.  B.  R.  145;  125  Fed.  841. 


FORMS  IN  BANKRUPTCY.  193 


FORM  No.  124. 

[Official.] 
PETITION  AND  ORDER  FOR  REDEMPTION  OF  PROPERTY  FROM  LIEN. 

United  States  District  Court, 
District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


SaiiJcrupt. 


V    No. 


Respectfully   represents    ,  trustee  of  the  estate   of 

said  bankrupt,  that  a  certain  portion  of  said  bankrupt's  estate,  to  wit:  (Here 
describe  the  estate  or  property  and  its  estimated  value)  is  subject  to  a  mort- 
gage (describe  the  mortgage),  or  to  a  conditional  contract  (describing  it),  or 
to  a  lien  (describe  the  origin  and  nature  of  the  lien),  (or  if  the  property  be 
personal  property,  has  been  pledged  or  deposited  and  is  subject  to  a  lien)  for 
(describe  the  nature  of  the  lien),  and  that  it  would  be  for  the  benefit  of  the 
estate  that  said  property  should  be  redeemed  and  discharged  from  the  lien 
thereon.    Wherefore,  he  prays  that  he  be  empowered  to  pay  out  of  the  assets 

of  said  estate  in  his  hands  the  sum  of ,  being  the  amount  of  said 

lien,  in  order  to  redeem  said  property  therefrom. 

Dated  this day  of ,  A.  D.  19 . .. 

>  

Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by  mail  to 
creditors  of  said  bankrupt,  now  after  due  hearing,  no  adverse  interest  being 

represented  thereat  (or  after  hearing in  opposition  thereto), 

it  is  ordered  that  the  said  trustee  be  authorized  to  pay  out  of  the  assets  of  the 

bankrupt's  estate  specified  in  the  foregoing  petition  the  sum  of , 

being  the  amount  of  the  lien,  in  order  to  redeem  the  property  therefrom. 

Witness  my  hand  this day  of ,  A.  D.  19 .  . . 


Referee  in  Bankruptcy. 


194 


FORMS  IN  BANKRUPTCY. 


FORM  No.  125. 

REFEREE'S  CERTIFICATE  OF  DISQUALIFICATION. 

In  the  District  Court  of  the  United  States  for  the  District 

of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


V      No. 


To  the  Honorable District  Judge. 

I, ,  one  of  the  referees  in  bankruptcy  of  this  court, 

do  hereby  certify  that  I  am  disqualified  to  act  as  such  in  the  above  entitled 
proceeding  for  the  following  reasons : 


I  do,  therefore  return  all  the  papers  transmitted  to  me  by  the  Clerk. 
Dated, , ,  19... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY. 


195 


FORM  No.  126. 

ORDER  SUBSTITUTING  REFEREE. 


United  States  District  Court, 
District  of  . 


In  the  Matter 

OF 


Bankrupt.       ^       ^^' 
Re  Reclamation  Proceedings  of 


On  reading  and  filing  the  annexed  certificate,  and  it  appearing  therefrom 

that ,  the  Referee,  heretofore  appointed  in  the  above  proceeding, 

is  disqualified  by  reason  of  his  interest  from  acting  therein, 

It  is  ordered,  that  the  said  proceeding  be  referred  to ,  Esq., 

Referee  in  Bankruptcy,  to  act  as  Referee  therein  in  the  place  and  stead  of  the 
said ,  without  prejudice  to  any  action  heretofore  taken  therein. 

Dated, , ,  19. . 


D.  J. 


NOTES. 


Disqualification  of  referee. 

Bray  v.  Cobb,  1  Am.  B.  R.  153;  91  Fed.  102. 

In  re  Gardner,  4  Am.  B.  R.  420  and  note ;  103  Fed.  922. 

The  judge  may,  for  the  convenience  of  the  parties  or  for  cause,  transfer  a  case  from 
one  referee  to  another  within  the  district  in  which  the  proceeding  is  pending.  No  juris- 
diction to  refer  a  case  to  a  referee  appointed  and  residing  in  another  district. 

In  re  Schenectady  Engineering  «&  Construction  Co.,  17  Am.  B.  R.  279;  147  Fed.  868. 

Referee  not  disqualified  when  the  only  interest  he  has  in  the  matter  submitted  to  him 
is  the  compensation  he  may  receive  by  way  of  fees. 

In  re  Strobel  (D.  C.  N.  Y.).  19  Am.  B.  R.  109;  155  Fed.  692. 


196  FOKMS  IN  BANKRUPTCY. 


FORM  No.  127. 

PETITION  FOR  ORDER  OF  PROTECTION. 

In  the  District  Court  of  the  United  States  for  the  District 

of , 

In  Bankruptcy. 


In  the  Matter 

OF 


No. 


Bankrupt. 


To ,  Esq.,  Referee  in  Bankruptcy: 

Your  petitioner  respectfully  shows: 

That  he  was  adjudicated  bankrupt  herein  on  the day  of , 

19.  ,,  and  on  the  same  day  this  proceeding  in  bankruptcy  was  duly  referred. 

That  your  petitioner  has  not  yet  made  application  for  his  discharge  herein. 

That  your  petitioner  has  reason  to  believe  that  he  is  liable  to  arrest  upon 
civil  process,  other  than  in  the  cases  specified  in  Section  9-a  of  the  Bankruptcy 
Act  of  1898. 

That  no  previous  application  has  been  made  to  this  or  any  other  court  for 
the  order  hereinafter  asked. 

^Vherefore,  your  petitioner  prays  for  an  order  of  protection  from  arrest,  as 
provided  in  said  Section  9-a  and  General  Order  XII  (1). 

Dated , , , ,19... 


Fetxt'xoner. 
(Verification.) 

NOTES. 

Rarely  used. 

See,  generany,  Section  nine,  a.  Consult  also  General  Order  Xn  (1).  The  appli- 
cation generally  takes  the  form  of  a  petition  for  an  injunction  against  further  proceedings 
in  a  suit,  on  the  theory  that  a  body  execution  is  a  step  in  a  suit. 

In  re  Marcus  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  365;  105  Fed.  907;  45  C.  C.  A.  115. 


FORMS  IN  BANKRUPTCY. 


197 


FORM  No.  128. 

ORDER  OF  PROTECTION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


BanJcrupt. 


No. 


The  above  named  bankrupt  Imving,  on  the  ....  day  of ,  19.  ., 

applied  for  an  order  of  protection,  and  it  appearing  that  one  year  has  not 

yet  elapsed  since  the  date  of  his  adjudication,  viz.,  the day  of , 

19..,  and  that  he  has  not  yet  been  discharged  herein,  now  on  motion  of 
,  Esq.,  attorney  for  said  bankrupt,  it  is 

Ordered,  that  all  persons  and  officers  be  and  they  hereby  are  prohibited 
from  arresting  the  said  bankrupt  on  civil  process,  save  in  the  cases  specified 
in  subdivisions  (1)  and  (2)  of  Section  9-a  of  the  bankruptcy  law  of  1898, 
and  amendments  thereto,  until  twelve  months  after  the  date  of  such  adjudica- 
tion, or,  if  within  that  time  the  bankrupt  applies  for  a  discharge,  then  until 
the  question  of  such  discharge  is  determined. 


Dated , ,  19. 


Referee  in  Bankruptcy. 


TITLE    IV. 

PROOFS  OF  DEBT  AND    PROCEEDINGS  FOR  ALLOW- 
ANCE OF  CLAIMS. 


FOBM  No.  129.  Proof  of  Unsecured  Debt. 

130.  Proof  of  Secured  Debt. 

131.  Proof  of  Debt  due  Corporation 

132.  Proof  of  Debt  by  Partnership. 

133.  Proof  of  Debt  by  Agent  or  Attorney. 

134.  Proof  of  Secured  Debt  by  Agent  or  Attorney. 

135.  Proof  of  Debt  by  Trustee  in  Bankruptcy. 

136.  Proof  of  Priority  Claim  for  Wages. 

137.  Affidavit  of  Lost  Bill  or  Note. 

138.  General  Letter  of  Attorney. 

139.  Acknowledgement  by  Partnership  to  Letter  of  Attorney. 

140.  Acknowledgment  by  Corporation  to  Letter  of  Attorney. 

141.  Special  Letter  of  Attorney. 

142.  Objections  to  Proof  of  Debt. 

143.  Petition  that  Proof  of  Debt  be  Reconsidered. 

144.  Notice  to  Claimant  thereon. 

145.  Order   to    Show    Cause   why   Claim    should   not  be   Reconsidered   and 

Expunged.     (As  substitute  for  No.  144.) 

146.  Order  reducing  or  expunging  Proof  of  Debt. 

147.  Order  allowing  Claim. 

148.  Petition  to  pay  Priority  Claims  and  Schedules. 

149.  Order  directing  Payment  of  Priority  Claims. 

150.  Petition  to  review  Order  rejecting  Claim. 

151.  Petition    that    all    Claims    to    Securities,    etc.,    be    presented    and    re- 

ferred. 

152.  Order  to  show  Cause  thereon. 

153.  "  Omnibus "    Order    referring    Claims    to    Securities,    etc.,    to    Special 

Master  for  Determination. 


198 


FOKMS  IN  BANKRUPTCY.  199 


FORM  No.  129. 

[Official] 
PROOF  OF  UNSECURED  DEBT. 


In  the  District  Court  of  the  United  States, 
for  the District  of 


In  the  Matter 

OF 


JBankrupt. 


At ,  in  said district  of ,  on  the 

day  of  ,  A.  D.,  19 .  . ,  came  

of . .  . ,  in  the  County  of    ,  in  said 

District  of ,  and  made  oath,  and   says  that 


tlie  person  by  (or  against)  whom  a  petition  for  adjudication  of  bankruptcy 
has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and  still  is,  justly 

and  truly  indebted  to  said  deponent  in  the  sum  of dollars ; 

that  the  consideration  of  said  debt  is  as  follows: 

that  no  part  of  said  debt  has  been  paid  (except 

; ); 

that  tliere  are  no  set-offs  or  counterclaims  to  the  same  (except 

)  and  that  deponent  has  not,  nor 

has  any  person  by  his  order,  or  to  his  knowledge  or  belief,  for  his  use,  had  or 
received  any  manner  of  security  for  said  debt  whatever ;  *  that  said  debt  is  one 

existing  in  open  account  and due  on  the day  of 

,  19. .  .,  and  no  note  has  been  received  for  such  account,  nor 

any  judgment  rendered  thereon. 


Creditor. 

Subscribed  and  sworn  to  before  me  this  day  of 

A.  D.  19... 


(Official  character.) 
*  See  General  orders,  XXI,  1 


200  FORMS  IX  BANKRUPTCY. 

NOTES. 

Proof  and  allowance  of  claims.    Act  sec.  57-a,  b,  c,  d,  m,  n. 

General  Orders  XX.  XXI.,  1. 

Practice. 

In  re  Sumner,  4  Am.  B.  R.  123  ;  101  Fed.  224. 

In  re  Dunn  Hardware  &  Furniture  Co. ,  13  Am.  B.  R.  147 ;  132  Fed.  719. 

Proofs  of  debt  must  show  at  least  (1)  the  claim  (2)  the  consideration  therefor  (3) 
security  held  therefor,  (4)  payments  thereon,  (5)  that  sum  claimed  is  justly  due  and 
owing. 

Statement  of  Consideration. 

In  re  Stevens,  5  Am.  B.  R.  806;  107  Fed.  243.  In  re  Creasinger,  17  Am.  B.  R.  538; 
145  Fed.  224.     "  For  legal  services,"  InsuflBcient. 

In  re  Scott.  1  Am.  B.  553;  93  Fed.  418.  A  statement  that  claim  is  for  "  goods,  wares 
and  merchandise  "  is  insufficient. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  36 ;  125  Fed.  619. 

In  re  Morris,  18  Am.  B.  R.  828;  154  Fed.  211. 

In  re  Brett.  12  Am.  B.  492;  130  Fed.  981. 

In  re  Coventry  Evans  Furniture  Co.,  22  Am.  B.  R.  272. 

Failure  to  file  written  instrument  with  proof  of  claim  under  Sec.  57b  raises  no  pre- 
sumption against  its  existence. 

In  re  Dresser  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  747;  135  Fed.  495;  afE'd  200  U.  S.  532. 

What  may  be  considered  as  a  claim. 

In  re  Faulkner  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  542;  161  Fed.  900. 

Not  a  pleading,  but  a  deposition.  Should  state  the  origin  and  character  of  the  debt 
and  the  items  thereof. 

In  re  Creasinger,  {supra). 

Proof  of  debt  prima  facie  evidence  of  the  indebtedness. 

In  re  Dresser,  {supra). 

Oath  and  acknowledgment  thereof. 

Proof  made  under  power  of  attorney,  acknowledged  before  a  foreign  consul  is  sufficient 

In  re  Sugenheimer  (D.  C.  N.  Y.),  1  Am.  B.  R.  425;  91  Fed.  744. 

Claim  sworn  to  before  claimants  attorney  of  record  as  notary  proper. 

In  re  Kimball,  4  Am.  B.  R.  144;  100  Fed.  777.  When  taken  before  notary  of  another 
state  no  further  proof  of  authority  required  than  signature  and  seal. 

In  re  Pancoast,  12  Am.  B.  R.  275;  129  Fed.  643. 

Undisclosed  credits,  erasure  of  word  "except"  after  "no  part  of  said  debt  has  been 
paid." 

In  re  Girvin  (D.  C.  N.  Y.),  20  Am.  B.  R.  490;  160  Fed.  197. 

Assigned  claims. 

How  proven. 

In  re  Finlay  Bros.,  3  Am.  B.  R.  738;  104  Fed.  675. 

Such  facts  should  be  shown  as  will  estop  the  assignor  from  making  the  same  claim. 

In  re  Miner,  8  Am.  B.  R.  248;  114  Fed.  998;  9  Am.  B.  R.  100;  117  Fed.  953. 

An  adjudication  in  involuntary  bankruptcy  is  not  res  adjudicata  as  to  the  validity  or 
amount  of  a  petitioning  creditor's  claim. 

In  re  Continental  Corporation,  14  Am.  B.  R.  538. 

See  Ayres  v.  Cone  et  al.  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  739;  138  Fed.  778;  71  C.  C 
A.  144. 

A  creditor  by  filing  a  claim  in  bankruptcy  acquiesces  in  the  adjudication. 

In  re  N.  Y.  Tunnel  Co.  (C.  C.  A.  2nd  Cir.),21Am.  B.  R.531;  166  Fed.  284;  92  C.  C.  A 
203. 


FORMS  IN  BANKRUPTCY.  201 

Filing  of  Proof. 

Where  a  trustee  to  whom  a  proof  of  claim  has  been  delivered,  does  not  deliver  such 
proof  of  claim  to  the  referee,  creditor  cannot  be  charged  with  failure  to  file  proof  and  it  is 
a  sufficient  filing  of  the  proof, 

J.  B.  Orcutt  Co.  V.  Green  (U.  S.  Sup),  17  Am.  B.  R.  72;  204  U.  S.  96;  51  L.  Ed.  390; 
rev'g  In  re  Ingalls  Bros.  (C.  C.  A.  2nd  Cir.),  13  Am.  3.  R.  512;  137  Fed.  517;  70  C.  C.  A. 
101. 

Judgment  creditor  must  file  in  order  to  share  in  estate. 

In  re  Rosenbiirg,  16  Am.  B.  R.  465;  144  Fed.  442. 

In  re  McBryde,  3  Am.  B.  R.  729;  99  Fed.  686. 

"Waiver  by  filing  claim. 

Lynch  v.  Bronson,  20  Am.  B.  R.  409;  160  Fed.  139;  In  re  Kenyon,  19  Am.  B.  R.  194; 
156  Fed.  863. 

AVhen  right  to  bring  action  not  waived  by  filing  proof  of  claim. 

Frey  v.  Torrey  (N.  Y.  App.  Div.),  8  Am.  B.  R.  196;  70  N.  Y.  App.  Div.  166;  aff'g 
6  Am.  B.  R.  448. 

In  re  Lewensohn  (D.  C.  N.  Y.),  3  Am.  B.  R.  594;  99  Fed.  73. 

Creditor  entitled  to  interest. 

In  re  John  Osborn's  Sons  &  Co.  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  R.  65;  177  Fed.  184. 

Time  limit  for  proving  claims.     Sec.  57-n. 

No  statutory  right  to  file  after  one  year.  Applies  only  to  claims  sought  to  be  asserted 
in  the  bankruptcy  proceedings. 

Norfolk  it  West  R.  Co.  v.  Graham  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  610;  145  Fed. 
809;  76  C.  C.  A.  38.5. 

Judgment.     In  re  Rosenberg  (supra). 

In  re  Leibowitz,  6  Am.  B.  R.  268;  108  Fed.  617. 

Attaching  creditor.     In  re  Baird  &  Co.,  18  Am.  B.  R.  228;  154  Fed.  215. 

Not  binding  on  the  United  States. 

In  re  Stoever,  11  Am.  B.  R.  345;  127  Fed.  394. 

Failure  to  file  through  accident  or  mistake  no  excuse. 

In  re  Sanderson,  20  Am.  B.  R.  396 ;  160  Fed.  278. 

In  re  Peck,  20  Am.  B.  R.  629;  161  Fed.  762. 

In  re  Pettingill  &  Co.  (D.  C.  Mass.),  14  Am.  B.  R.  763. 

See,  In  re  Fagan,  15  Am.  B.  R.  520;  140  Fed.  758. 

A  creditor  who  has  not  received  any  notice  of  the  proceeding  and  has  no  actual 
knowledge  thereof,  may  not  prove  his  claim  after  year  has  expired. 

In  re  Muskoka  Lumber  Co.  (D.  C.  N.  Y.),  11  Am.  B.  R.  761;  127  Fed.  886. 

When  not  allowed  as  "liquidated  by  litigation." 

In  re  Prindle  Pump  Co.  (D.  C.  N.  Y.).  10  Am.  B.  R.  405. 

In  re  Kemper,  15  Am.  B.  R.  675;  142  Fed.  210. 

(See  notes  following  Form  No.  147.) 

When  order  of  adjudication  is  appealed  from  and  appeal  is  subsequently  dismissed. 

In  re  Lee  (D.  C.  Pa.),  171  Fed.  266. 

Deficiency  on  foreclosure  may  not  be  proved  after  expiration  of  year.  The  debt  should 
have  been  proved  as  a  secured  debt. 

In  re  Sampter  (C.  C.  A.  2nd  Cir.),  22  Am.  B.  R.  357;  170  Fed.  938, 

Amendments  of  proof. 

In  re  Stevens,  5  Am.  B.  R.  806 ;  107  Fed.  243. 

May  be  amended  by  itemizing  though  year  has  expired. 

In  re  Creasinger,  17  Am.  B.  R.  538;  145  Fed.  224. 

Hutchinson  v.  Otis  (U.  S.  Sup.),  10  Am.  B.  R.  135;  190  U.  S.  552;  aff'g  s.  c.  8  Am. 
B.  R.  382;  115  Fed.  937. 

When  assignment  of  unfiled  claim  is  filed  within  the  year,  the  claim  may  be  amended 
after  the  year. 


202  FORMS  IN  BANKRUPTCY. 

Bennett  v.  American  Credit  Indemnity  Co.  (C.  C.  A.  6th  Cir.),  20  Am.  B.R.  258;  159 
Fed.  6S4;  86  C.  C.  A.  614. 

Changing  character  of  claim  by  amendment  not  usually  allowed. 

In  re  Miner's  Brewing  Co.,  20  Am.  B.  R.  717;  162  Fed.  327. 

In  re  McCallum  &  McCallum  (D.  C.  Pa.),  11  Am.  B.  R.  447;  127  Fed.  768. 

When  allowed. 

In  re  Roeber  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  464;  127  Fed.  122;  62  C.  C.  A.  122. 

In  re  Robinson,  14  Am.  B.  R.  626;  136  Fed.  994. 

In  re  Myers  &  Charni,  3  Am.  B.  R.  760;  99  Fed.  601. 

In  re  Home  &  Co.,  23  Am.  B.  R.  590. 

Sec.  57  n  forbidding  proof  of  claims  subsequent  to  one  year  after  adjudication  cannot 
be  taken  to  exclude  amendments. 

Hutchinson  v.  Otis-Wilcox  &  Co.  (U.  S.  Sup.),  10  Am.  B.  R.  135;  190  U.  S.  552;  aff'g 
8  Am.  B.  R.  382;  115  Fed.  937. 

In  re  Mowery.  22  Am.  B.  R.  239. 

In  re  Crenshaw,  19  Am.  B.  R.  502;  156  Fed.  638. 

Edelstein  v.  U.  S.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  649;  159 Fed.  636;  79  C.  C.  A.  328. 

See,  notes  on  Forms  No.  142,  143,  147,  149  and  153. 


FORM  No.  130. 

PROOF  OF  SECURED  DEBT. 

In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


>      No. 


bankrupt. 


At ,  in  said District  of ,  on  the 

day  of A.  D.  19 .  . ,  came 

of   ,  in  the  County  of   ,  State  of   

in  said District  of and  made  oath,  and  says  that 

the  said the  person  by  (or  against)   

whom  a  petition  for  adjudication  of  bankruptcy  has 


FORMS  IN  BANKRUPTCY.  203 

been  filed,   at  and  before  the  filing  of  said  petition,  and 

still justly  and  truly  indebted  to  said  deponent  in  the  sum  of 

dollars : 

that  the  said  debt  exists  upon 

of  which  a is  hereto  annexed ;  that  the  consideration  of  said 

debt  is  as  follows: 


that  the  said  debt due  on 


the  average  due  date  being 19 .  .  ; 

and  that  no  note  has  been  received  for  the  said  debt  nor  any  judgment 
rendered  thereon  except  as  aforesaid;  that  no  part  of  said  debt  has  been  paid 
except    


that  there  are  no  set-offs  or  counterclaims  to  the  same  except 

3 

that  the  only  securities  held  by  this  deponent  for  said  debt  are  the  following; 


Subscribed  and  sworn  to  before  me  this   

day  of A.  D.  19... 

Creditor. 
(Official  character.) 

NOTES. 

Claims  of  secured  creditors. 
Sections  57-(a),  (e),  construed. 
In  re  Cramond,  17  Am.  B.  R.  22;  145  Fed.  566. 
la  re  Hines,  16  Am.  B.  R.  495 ;  144  Fed.  142. 

Gorman  v.  Wright  (C.  C.  A.  4tli  Cir.),  14  Am.  B.  R.  135;  136  Fed.  164;  69  C.  C.  A.  76. 
In  re  Kessler  &  Co.,  22  Am.  B.  R.  606. 

Holder  of  a  mortgage  upon  a  homestead  a  "  secured  creditor." 
Fenlcy  v.  Poor  (C.  C.  A.  6th  Cir.),  10  Am.  B.  R.  377;  121  Fed.  739;  58  C.  C.  A.  21. 
Cannot  prove  both  debt  and  collateral  therefor. 

1st  Nat.  Bank  of  Beaumont  v.  Eason  (C.  C.  A.  5th  Cir.),  17  Am.  B.  R.  593;  149  Fed. 
204;  79  C.  C.  A.  162. 

In  re  Waterloo  Organ  Co.,  20  Am.  B.  R.  110;  154  Fed.  657;  83  C.  C.  A.  481. 

Secured  by  accommodation  iudorser. 

In  re  Noyes  Bros.  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  506;  127  Fed.  286;  62  C.  C.  A.  218. 

Priority  over  wage  earner. 

In  re  Proudfoot,  23  Am.  B.  R.  106. 

Waiver  of  lien. 

Dunn  Salmon  Co.  v.  Fillmore,  19  Am.  B,  R.  172;  56  N.  Y.  Misc.  546. 

Vote  of  secured  creditor. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526;  142  Fed.  242. 


204  FORMS  IN  BANKRUPTCY. 

Secured  claim  allowed  only  for  balance  after  deducting  value  of  security. 

In  Pennsylvania  a  mortgagee  after  foreclosure  may  not  prove  claim  on  the  bond. 

In  re  Davis  (C.  C.  A.  3rd  Cir.),  23  Am.  B.  R.  446;  aff'g  s.  c.  23  Am.  B.  R.  156. 

Referee  has  power  to  determine  validity  of  secured  claim  before  sale  of  encumbered 
property. 

In  re  Quinn  (C.  C.  A.  8th  Cir.),  165  Fed.  144;  91  C.  C.  A.  178. 

Creditor  has  a  right  in  absence  of  instructions  to  the  contrary  to  credit  paymentsonan 
unsecured  rather  than  on  a  secured  debt. 

In  re  Johnson,  11  Am.  B.  R.  138;  125  Fed.  838. 

Creditor  holding  a  note  containing  waiver  of  exemptions  a  secured  creditor. 

In  re  Meredith  (D.  C.  Ga.),  16  Am.  B.  R.  331;  144  Fed.  230. 

Application  of  security. 

Hiscock  V.  Varick  Bunk,  18  Am.  B.  R.  1 ;  206  U.  S.  28 ;  aflf'g  in  re  Mertens.  15  Am. 
B.  R.  362;  144  Fed.  818. 

When  mortgage  creditor  has  proved  his  claim  solely  for  the  purpose  of  enforcing  his 
lien  against  the  proceeds  of  sale  of  the  mortgaged  property  sold  by  the  trustee,  he  does  not 
become  liable  for  proportionate  sliare  of  the  costs  of  the  general  administration  of  the  estate. 

Mills  v.  Virginia-Carolina  Lumber  Co.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  750;  164  Fed, 
168;  90  C.  C.  A.  154. 


FORM  No.  131. 

[Official] 
PROOF  OF  DEBT  DUE  CORPORATION. 


In  the  District  Court  of  the  United  States, 
for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


No. 


At ,  in  said district  of , 

on  the  A.  D.,  19.  .,  came ,  of ,  in  the  County  of 

,  and  State  of  ,  and  made  oath  and 

says  that  he  is ,  of  the ,  a  corporation 

incorporated  by  and  under  the  laws  of  the  State  of ,  and 

carrying  on  business  at ,  in  the  County  of 

and  State  of  ,  and  that  he  is  duly  authorized  to  make 


FORMS  IN  BANKRUPTCY.  205 

this  proof,  and  says  that  the  said    ,  the  person  by    (or 

against)  whom  a  petition  for  adjudication  of  bankruptcy  has  been  filed,  was 
at  and  before  the  filing  of  said  petition,  and  still  is  justly  and  truly  indebted 

to  said  corporation  in  the  sum  of dollars ;  that 

the  consideration  of  said  debt  is  as  follows : 


;  that  no  part  of  said  debt  has  been  paid 

(except    

)  ;  that  there  are  no  set-offs  or  counter-claims  to 

the  same  except 


and  that  said  corporation  has  not,  nor  has  any  person  by  its  order,  or  to  the 
knowledge  or  belief  of  said  deponent,  for  its  use,  had  or  received  any  manner  of 
security  for  said  debt  whatever;  that  said  debt  is  one  existing  in  open  account 

and due  on  the day  of , 

19..,  and  no  note  has  been  received  for  such  account,  nor  any  judgment 
rendered  thereon. 


of  said  corporation. 

Subscribed  and  sworn  to  before  me  this   day  of 

A.  D.,  19. 

{Official  cJiaracier.) 

NOTES. 

Proof  by  corporation  should  be  made  by  treasurer.  May  be  made  through  its  agent 
or  attorney  when  sufficient  reason  is  shown  why  it  is  not  made  by  treasurer,  or  if  it  has 
none,  by  the  officer  whose  duties  most  nearly  correspond  to  those  of  treasurer  as  provided 
by  General  Order  No.  XXI. 

In  re  Reboulin  Fils  &  Co.,  19  Am.  B.  R.  215. 

What  not  sufficient  reason  for  such  proof  in  case  of  foreign  corporation,     s.  C. 

When  proof  is  not  made  by  the  treasurer  insert  the  following  clause: 

"That  the  reason  this  proof  is  not  made  by  the  treasurer  is  that etc. 

[stating  reason],  and  that  deponent  is  an  officer  of  such  corporation  whose  duties  most 
nearly  correspond  to  those  of  treasurer." 


206 


FORMS  IN  BANKRUPTCY. 


FORM  No.  132. 

[Official] 
PROOF  OF  DEBT  BY  PARTNERSHIP. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


JBankrupt. 


No. 


At ,  in  said district  of , 

on  the day  of  ,  A.  D.  19 ,  came 

,  of ,  in  the  County  of , 

in  said  district  of and  made  oath  and  says  that  he  is 

one  of  the  firm  of consisting  of  himself  and 

,  of ,  in  the  County  of 

and  State  of 


that  the  said    the  person  by   (or  against)    whom  a 

petition  for  adjudication  of  bankruptcy  has  been  filed,  was  at  and  before 
the  filing  of  said  petition,  and  still   is,  justly   and  truly   indebted  to  this 

deponent's  said  firm  in  the  sum  of dollars ; 

that  the  consideration  of  said  debt  is  as  follows : 


(except    

that  there  are  no  set-offs  or  counter-claims  to  the  same  (except 


that  no  part  of  said  debt  has  been  paid 

'.'..'. .); 


)  ;  and  this  deponent  has  not,  nor  has  his  said 

firm,  nor  has  any  person  by  their  order,  or  to  this  deponent's  knowledge  or 


FORMS  IN  BANKRUPTCY. 


207 


belief,  for  their  use,  had  or  received  any  manner  of  security  for  said  debt  what 
ever.*  That  no  note  has  been  received  for  any  part  of  said  debt  nor  any  Judg- 
ment rendered  thereon. 


Subscribed  and  sworn  to  before  me  this 

day  of A.  D.  1 


*  See  Gen'l  orders  XXI,  I. 


Creditor. 


{Official  character.) 


FORM  No.  133. 

[Official.] 
PROOF   OF  DEBT  BY   AGENT   OR  ATTORNEY. 

In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


At ,  in  said district  of ? .  >  on  the 

day  of ,  A.  D.  19 ... ,  came , 

of in  the  County  of   ,  and  State  of 

,  Attorney  (or  authorized  Agent)  of , 

of in  the  County  of ,  and  State  of 

,  and  made  oath  and  says  that  , 

the  person  by  (or  against)  whom  a  petition  for  adjudication  of  bankruptcy 
has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and  still  is  justly 

and  truly  indebted  to  said in  the  sum  of 

dollars ;  that  the  consideration  of  said  debt  is  as  follows : 


;  that  no  part  of  said  debt  has  been  paid 


208                                 FORMS  IN  BANKRUPTCY. 
(except    


)  ; 


and  that  this  deponent  has  not,  nor  has  any  person  by  his  order,  or  to  this 
deponent's  knowledge  or  belief,  for  his  use  had  or  received  any  manner  of 
security  for  said  debt  whatever.  And  this  deponent  further  says,  that  this 
deposition  can  not  be  made  by  the  claimant  in  person  because 


and  that  he  is  duly  authorized  by  his  principal  to  make  this  affidavit,  and  that 
it  is  within  his  knowledge  that  the  aforesaid  debt  was  incurred  as  and  for  the 
consideration  above  stated,  and  that  such  debt,  to  the  best  of  his  knowledge 
and  belief,  still  remains  unpaid  and  unsatisfied  ;*  no  note  has  been  received  for 
any  part  of  said  debt  nor  any  judgment  rendered  thereon. 

'Subscribed  and  sworn  to  before  me  this  day  of 

A.  D.  19... 


{Official  character.) 


*  See  General  Order,  XZI,  I. 


FORM  No.  134. 

[Official.'] 
PROOF  OF  SECURED  DEBT  BY  AGENT  OR  ATTORNEY. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


y   No. 


At   ,  in  said   district  of  ,  on  the 

day  of ,  A.  D.  19 .  . ,  came of , 

in  the  County  of ,  and  State  of ,  attorney 


FORMS  IN  BANKRUPTCY.  209 

(or  authorized  agent)  of ,  in  the  County  of , 

and  State  of ,  and  made  oath,  and  says  that , 

the  person  by  (or  against)  whom  a  petition  for  adjudication  of  bankruptcy 
has  been  filed  was,  at  and  before  the  filing  of  said  petition,  and  still  is,  justly 

and  truly  indebted  to  the  said in  the  sum  of 

dollars ;  that  the  consideration  of  said  debt  is  as  follows : 

} 

that  no  part  of  said  debt  has  been  paid  (except 

; ); 

that  there  are  no  set-offs  or  counter-claims  to  the  same  (except 

); 

and  that  the  only  securities  held  by  said  for  said  debt 

are  the   following :    

y 

and  this  deponent  further  says  that  this  deposition  cannot  be  made  by  the 
claimant  in  person  because 

and  that  he  is  duly  authorized  by  his  principal  to  make  this  deposition,  and 
that  it  is  within  his  knowledge  that  the  aforesaid  debt  was  incurred  as  and 
for  the  consideration  above  stated. 

That  no  note  has  been  received  for  any  part  of  said  debt,  nor  any  judg- 
ment rendered  thereon    


Subscribed  and  sworn  to  before  me,  this 
day  of ,  A.  D.  19... 


{Official  character.) 


;<J10  FORMS  IN  BANKRUPTCY. 

FORM  No.  135. 

PROOF  OF  DEBT  BY  TRUSTEE  IN  BANKRUPTCY. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


At  the  County  of ,  in  said  District  of 

on  the day  of 19 .  . ,  comes 

,  of  the  County  of ,  in  the  city ,  in  said 

District  of and  says  that,  ( 

Company  was   a  corporation   incorporated   by   and   under  the   laws   of  the 

State  of and  carrying  on  business  in  the  city  of 

County  of State  of )  ;  that 

on  or  about  the day  of 19 .  . ,  a  petition  of 

involuntary  bankruptcy  was  filed  against  said in  the 

office  of  the  Clerk  of  the  United  States  District  Court  for  the 

District  of ;  that  thereafter  such  proceedings  were  had  on 

the  said  petition  that  the  said   was  duly  adjudged  a 

bankrupt  on  the day  of 19 ;  that  at  a  meeting  of 

creditors  of  the  said  bankrupt,  held  at  the  office  of Referee 

in  Bankruptcy  on  the    day  of    19,  .,  deponent  was 

duly  appointed  Trustee  of  the  estate  of  the  above  named  bankrupt  and  required 

to  file  a  bond  in  the  penalty  of  $ ;  thereafter  deponent  duly 

qualified   by   filing   a   bond   in   the   penalty   required;   that    said   bond   was 
approved  by  the  said  referee  and  deponent  has  continued  to  act  and  is  now 

acting  as  such  trustee  in  bankruptcy ;  that   

against  whom  (or  which)  a  petition  for  adjudication  in  bankruptcy  has  been 
filed,  was  at  or  before  the  filing  of  the  said  petition,  and  still  is,  justly  and 

truly  indebted  to  said  deponent  in  the  sum  of  $ ;  that  the 

consideration  of  said  debt  is  as  follows :    

> 

that  a  statement  of  the  said  account  is  hereto  annexed ;  that  no  part  of  said 
debt  has  been  paid;  that  there  are  no  set-offs  or  counter-claims  to  the  same; 


FORMS   IN  BANKRUPTCY.  211 

that  deponent  has  not,  nor  has  any  pert^on  by  his  order  or  to  his  knowledge  or 
belief,  for  his  use,  had  or  received  any  manner  of  security  for  said  debt  what- 
ever; that  no  note  has  been  received  for  the  said  debt,  nor  has  any  judgment 
been  rendered  thereon. 


Subscribed  and  sworn  to  before  me  this 
day  of 19... 


(Official  character.) 


FORM  No.  136. 

PROOF  OF  PRIORITY  CLAIM  FOR  WAGES. 

In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 

V    No. 


bankrupt. 


At ,  in  said district  of , 

on   the    day   of    ,    A.    D.    19 .  .,    came 

of ,  in  the  County  of , 

in    said    District   of    ,    and    made   oath,    and    says    that 


the  person  by  (or  against)  whom  a  petition  for  adjudication  of  bankruptcy  has 
been  filed,  was  at  and  before  the  filing  of  said  petition,  and  still  is,  justly  and 

truly  indebted  to  said  deponent  in  the  sum  of dollars ; 

that  the  consideration  of  said  debt  is  as  follows: 

wages   as   a    of   said   bankrupt   earned   from   the 

day  of 19 .  . ,  to  the day  of , 

19.  .,  and  within  three  months  prior  to  filing  of  the  petition  herein  and  for 
which  deponent  claims  priority  of  payment  under   Sec.   64  b    (4)    of  the 
Bankruptcy  Act. 
That  no  part  of  said  debt  has  been  paid   (except   

); 


212  FORMS  IN  BANKRUPTCY. 

that  there  are  no  set-oflfs  or  counter-claims  to  the  same  (except 


)  and  that  deponent  has  not,  nor  has  any  person 

by  his  order,  or  to  his  knowledge  or  belief,  for  his  use,  had  or  received  any 
manner  of  security  for  said  debt  whatever  ;*  that  said  debt  is  one  existing  in 

open  account  and due  on  the day  of , 

19 . . .  and  no  note  has  been  received  for  such  account,  nor  any  judgment 
rendered  thereon. 


•  •  Creditor. 

Subscribed  and  sworn  to  before  me  this 
day  of A.  D.  19... 


{Official  character.) 
*  See  Gen'l  orders  XXI,  1. 


FORM  No.  137. 

[Official] 
AFFIDAVIT  OF  LOST  BILL,  OR  NOTE. 

In  the  District  Court  of  the  United  States  for  the  District 

of  

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


y    No. 


On  this day  of ,  A.  D.  19. .,  at ,  came , 

of  ,  in  the  County  of  ,  and  State  of  ,  and 

makes  oath  and  says  that  the  bill  of  exchange  [or  note],  the  particulars  whereof 
are  underwritten  has  been  lost  under  the  following  circumstances,  to  wit, 


and  that  he,  this  deponent,  has  not  been  able  to  find  the  same;  and  this 

deponent  further  says  that  he  has  not,  nor  has  the  said ,  or 

any  person  or  persons  to  their  use,  to  this  deponent's  knowledge  or  belief. 


FORMS  IN  BANKRUPTCY. 


213 


negotiated  the  said  bill  [or  note],  nor  in  any  manner  parted  with  or  assigned 
the  legal  or  beneficial  interest  therein,  or  any  part  thereof;  and  that  he,  this 
deponent,  is  the  person  now  legally  and  beneficially  interested  in  the  same. 

Bill  or  note  above  referred  to. 


Date. 


Drawer  or  maker. 


Acceptor. 


Sum. 


Subscribed  and  sworn  to  before  me,  this 
day  of A.  D.  19... 


{Official  character.) 


FORM  No.  138. 

[Official] 
GENERAIi  LETTER  OF  ATTORNEY  IX  FACT. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


y    No. 


To 


of in  the  County  of and  State  of 

do  hereby  authorize  you,  or  any  one  of  you,  to  attend  the  meeting  or  meetings 
of  creditors  of  the  bankrupt aforesaid,  at  a  court  of  bank- 
ruptcy, wherever  advertised  or  directed  to  be  holden,  on  the   day  at  the 


2U  FORMS  IN  BANKRUPTCY. 

hour  appointed  and  notified  by  said  court  in  said  matter,  or  at  such  other 
place  and  time  as  may  be  appointed  by  the  Court  for  holding  such  meeting  or 
meetings,  or  at  which  such  meeting  or  meetings,  or  any  adjournment  or  ad- 
journments thereof  may  be  held,  and  then  and  there  from  time  to  time,  and  so 

often  as  there  may  be  occasion,  for and  in name  to 

vott?  for  or  against  any  proposal  or  resolution  that  may  be  then  submitted  under 
the  Acts  of  Congress  relating  to  bankruptcy;  and  in  the  choice  of  trustee  or 

trustees  of  the  estate  of  said  bankrupt ,  and  for to 

assent  to  such  appointment  of  trustee;  and  with  like  powers  to  attend  and 
vote  at  any  other  meeting  or  meetings  of  creditors  or  sitting  or  sittings  of  the 
court,  which  may  be  held  therein  for  any  of  the  purposes  aforesaid ;  also  to 
accept  any  composition  proposed  by  said  bankrupt in  satisfac- 
tion of debts,  and  to  receive  payment  of  dividends,  and  of 

money  due   under  any  composition,  and  for  any  other 

purpose  in interest  whatever,  with  full  power  of  substitu- 
tion. 

In  witness  whereof have  hereunto  signed 

name and  affixed seal 

the day  of    A.  D.  19 . . . 

Signed,  sealed  and  delivered 
in  presence  of 


*  Acknowledged  before  me  this 

day  of A.  D.  19 , 


{Official  character.) 
*  See  General  Orders,  XXI,  5. 


FORAIS  IN  BANKRUPTCY.  215 


FORM  No.  139. 

acknoavledgment  to  letter   of  attorney   by  member  of 

partnership. 

State  of 

Count}^  of 

On  the day  of ,  19.  .,  before  me  personally  came 

to  me  known  and  known  to  me  to  be  a  member  of 

the    firm    of    ,    and    duly    acknowledged    that    he 

executed  the  above  instrument,  and  who  being  by  me  duly  sworn,  did  depose 
and  say  that  he  is  a  member  of  said  partnership  and  is  duly  authorized  to 
execute  same  on  behalf  of  his  said  firm. 
Sworn  to  before  me  this 

day  of ,19... 


{Official  character.) 


FORM  No.  140. 

ACKNO"WLEDGMENT  TO  LETTER   OF  ATTORNEY  BY   CORPORATION. 

State  of  


County  of 

On  the  day  of  ,  in  the  year  19.  .,  before  me 

personally  came   to  me  known,  who  being  by  me  duly 

sworn,  did  depose  and  say  that  he  resided  in ;  that  he  is 

the of  the the  corporation  described  in 

and  which  executed  the  above  instrument ;  that  he  knew  the  seal  of  said 
corporation ;  that  the  seal  affixed  to  said  instrument  was  such  corporate  seal ; 
that  it  was  so  affixed  by  order  of  the  board  of  directors  of  said  corporation,  and 
that  he  signed  his  name  thereto  by  like  order. 


{Official  character.) 


216  FORMS  IN  BANKRUPTCY. 

FORM  No.  141. 

[Official] 
SPECIAIi   LETTER    OF    ATTORNEY    IN   FACT. 

In  the  District  Court  of  the  United  States, 
for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


JBankrupt. 


y    No. 


To 


of    in   the   County   of    and   State   of 

do  hereby  authorize  you,  or  any  one  of  you,  to  attend 

the  meeting  of  creditors  in  this  matter,  advertised  or  directed  to  be  holden  at 


on  the day  of ,  19 . . ,  before 


or  any  adjournment  thereof,  and  then  and  there for 

and  in name  to  vote  for  or  against 

any  proposal  or  resolution  that  may  be  lawfully  made  or  passed  at  such 
meeting  or  adjourned  meeting,  and  in  the  choice  of  trustee  or  trustees  of  the 
estate  of  said  bankrupt. 

In  witness  whereof have  hereunto  signed 

name and  affixed seal the 

day  of A.  D.  19. ..         , 

Signed,  sealed  and  delivered 
in  presence    of 


*  Acknowledged  before  me  this 

day  of A.  D.  1 


(Official  character.) 
*  See  General  Orders  XXI.  5. 


FORMS  IN  BANKRUPTCY.  217 

NOTES. 

Letter  of  Attorney. 

Requirement  of  General  Order  XXI  (5)  as  to  oath  in  partnership  cases. 
In  re  Blue  Ridge  Packing  Co.  (D.  C.  Pa.),  11  Am.  B.  R.  36;  125  Fed.  619. 
In  re  Fiulay  (D.  C.  N.  Y.),  3  Am.  B.  R.  738;  104  Fed.  675. 

Attorney  at  law  may  not  vote  on  claim  unless  authorized  by  duly  executed  power  of 
attorney  for  that  purpose.     No  presumption  of  authority. 
In  re  Scully,  5  Am.  B.  R.  716;  108  Fed.  372. 
In  re  Blankfein,  3  Am.  B.  R.  165;  97  Fed.  191. 
When  attorney  disqualified  from  voting  under  power  of  attorney. 
In  re  Columbia  Iron  Works,  14  Am.  B.  R.  536;  143  Fed.  234. 


FORM  No.  142. 

OBJECTIONS  TO  PROOF  OF  DEBT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


To Esq.,  Referee  in  Bankruptcy. 

I, Trustee  in  this  proceeding,  do  hereby  object  to 

the  proof  of  debt  filed  on 19 ,  . ,  by 

an  alleged  creditor  for  $ That  said  objection  is  made  on  the 

following  grounds : 

[Here  set  forth  objections.] 

I  respectfully  request  that  said  proof  of  debt  be  rejected  and  disallowed  and 
no  dividend  declared  upon  same. 

Dated, 19... 


Trxistee. 
[Verification,  if  required  or  desired.] 


218  FORMS  IN  BANKRUPTCY. 

NOTES. 

Should  be  heard  promptly. 

Whitney  v.  Dresser,  (U.  S.  Sup.),  15  Am.  B.  R.  326;  200  U.  S.  532;  50  L.  Ed.  584; 
aff'g  13  Am.  B.  R.  74. 

Mere  filing  of  objections  should  not  exclude  bona  fide  claimants  from  voting. 

In  re  Kelly  Dry  Goods  Co  ,  4  Am.  B.  R.  528;  102  Fed.  747. 

An  unsecured  creditor  may  object  to  proof  of  another  creditor. 

In  re  Hatem,  20  Am.  B.  R.  470;  161  Fed.  895. 

Ayres  v.  Cone  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  739;  138  Fed.  778;  71  C.  C.  A.  144. 

See,  In  re  Lewensohn  (C.  C.  A.  2nd  Cir.),  9  Am.  B.  R.  369;  121  Fed.  538;  57  C.  C.  A. 
600. 

In  re  Arnold  and  Co.,  13  Am.  B.  R.  320;  133  Fed.  789. 

Form  of  objections. 

In  re  Royce  Dry  Goods  Co..  13  Am.  B.  R.  257;  133  Fed.  100. 

In  re  Linton,  7  Am.  B.  R.  676. 

While  they  should  be  specific,  need  not  be  under  oath. 

In  re  Wooten  (D.  C.  N.  Car.),  9  Am.  B.  R.  247;  118  Fed.  670. 

Written  objections  not  necessary. 

Embry  v.  Bennett  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  651. 

In  re  Cannon  (D.  C.  Pa.),  14  Am.  B.  R.  114;  133  Fed.  837. 

See,  In  re  Shaw,  6  Am.  B.  R.  499;  109  Fed.  780. 

Any  creditor  may  plead  statute  of  limitations  against  allowance  of  claim. 

In  re  Lafferty  &  Bro.  10  Am.  B.  R.  290;  122  Fed.  558. 

Duty  of  trustee  to  so  plead. 

In  re  Wooten,  9  Am.  B.  R.  247;  118  Fed.  670. 

Allowance  of  claims. 

Claims  of  relatives  rigidly  scrutinized. 

Ohio  Valley  Bank  Co.  v.  Mack  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  40;  163  Fed.  155; 
89  C.  C.  A.  605 ;  aff'g,  20  Am.  B.  R.  919. 

In  re  Rider  (D.  C.  N.  Y.),  3  Am.  B.  R.  192;  96  Fed.  811. 

In  re  Wooten,  9  Am.  B.  R.  247;  118  Fed.  670. 

In  re  Brewster  (D.  C.  K  Y.),  7  Am.  B.  R.  486. 

When  claim  of  wife  dissallowed.     In  re  Gervin,  20  Am.  B.  R.  490;  160  Fed.  197. 

In  re  Kaufmann  (N.  Y.),  5  Am.  B.  R.  104. 

In  re  Tucker  (D.  C.  Mass.),  17  Am.  B.  R.  247;  148  Fed.  928. 

In  re  Winkels  (D.  C.  Wis.),  12  Am.  B.  R.  696;  132  Fed.  590. 

But  allowed  in  Pennsylvania. 

In  re  Domenig  (D.  C),  11  Am.  B.  R.  552;  128  Fed.  146. 

Loan  from  separate  estate. 

Jamea  v.  Gray  (Mass.).  (C.  C.  A.  1st  Cir.),  12  Am.  B.  R.  573;  131  Fed.  401;  65  C. 
C.  A.  385. 

Burden  of  proof. — Upon  objector. 

In  re  Doty  (D.  C.  N.  Y.),  5  Am.  B.  R.  58. 

In  re  Castle  Braid  Co.  (D.  C.  N.  Y.).  17  Am.  B.  R.  143;  145  Fed.  224. 
In  re  Carter,  15  Am.  B.  R.  126;  138  Fed.  846. 
In  re  Sumner,  4  Am.  B.  R.  123;  101  Fed.  224. 
In  re  Pfaffinger.  18  Am.  B.  R.  807;  154  Fed.  528. 

Sworn  proof  is  prima  facie  evidence  of  its  allegations,  even  when  it  is  denied. 
Whitney  v.  Dresser  (U.  S.  Sup.).  15  Am.  B.  R.  326;  200  U.  S.  532;  50  L.  Ed.  584  aff'g 
13  Am.  B.  R.  747;  In  re  T.  A.  Mclntyre  &  Co.  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  B.  1. 
When  objections  to  allowance  of  claim  res  adjudieata 
Ayres  v.  Cone  et  al.  (nupra). 
[See  Notes,  Forms  No.  129,  143,  147,  149  and  153.] 


FORMS  IN  BANKRUPTCY.  219 


FORM  No.  143. 

PETITION  THAT  PROOF  OF  DEBT  BE  RECONSIDEBED. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt 


y    No. 


To Esq.,  Referee  in  Bankruptcy : 

Your  petitioner  respectfully  shows: 

That  he  is  the  trustee  herein,  duly  qualified  and  acting.     That  a  proof  of 

debt  of of claiming  to  be  a  creditor  of 

the  said ,  was  filed  herein  on  the day  of 

19 .  . ,  and  on  the day  of 19 .  .,  duly  allowed. 

That  tlie  same  should  not  have  been  allowed  for  the  following  reasons: 


That  the  attorney  for  said  claimant  is Esq.,  of 

That  no  previous  application  has  been  made  for  the  order  asked  for  herein. 
Wherefore,  your  petitioner  prays  that  the  said  proof  of  debt  be  reconsidered, 
rejected  and  expunged  (or  reduced.) 


Petitioner. 


(Verification.) 


NOTES. 


General  Order  XXI.  6 

SufBciency  of  petition  to  re-examine. 

Need  not  allege  facts  sufficient  to  defeat  claim.     Only  necessary  to  allege  facts  which, 
if  true,  are  sufficient  cause  of  reconsidpration. 

In  re  Watkinson  &  Co.,  12  Am.  B.  R.  370;  1.30  Fed.  218. 

In  re  Ankeny,  4  Am.  B.  R.  72;  100  Fed.  614;  2  N.  B.  N.  Rep.  249. 

Notice  should  be  sent  by  referee  to  claimant. 

In  re  Stoever,  5  Am.  B.  R.  250;  lO.")  Fed.  S.'iS. 


220  FORMS  IN  BANKRUPTCY. 

Burden  of  proof. 

On  petitioner. 

In  re  Doty,  5  Am.  B.  R.  58. 

Effect  of  failure  of  claimant  to  file  answer. 

In  re  Lewis,  Eck  &  Co.  (D.  C.  Pa.),  18  Am.  B.  R.  657;  153  Fed.  495. 

Trustee  only  one  authorized  to  institute  proceedings. 

In  re  Sully  &  Co.  (D.  C.  N.  Y.),  15  Am.  B.  R.  304;  142  Fed.  895;  modfd  18  Am.  B. 
R.  124  ;  152  Fed.  619. 

In  re  Lewensohn  (C.  C.  A.  2nd  Cir.),  9  Am.  B.  R.  368;  121  Fed.  538;  57  C.  C.  A.  600. 

Trustee  may  institute  a  joint  proceeding  against  several  creditors. 

In  re  Lyon,  7  Am.  B.  R.  61. 

Wben  denied  for  laches  and  want  of  good  faith. 

In  re  Sully  &  Co.  {supra). 

In  re  Hamilton  Furniture  Co.,  8  Am.  B.  R.  588;  116  Fed.  115. 

Trustee  only  one  authorized  to  appeal  from  order  allowing  claim. 

Chatfield  et  al.  v.  O'Dwyer  et  al.  (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  318;  101  Fed.  797; 
42  C.  C.  A.  30. 

Trustee  may  be  compelled  to  take  action  to  reconsider  claim  or  to  permit  objecting 
creditors  to  act  in  his  name. 

In, re  Stern  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  510;  144  Fed.  956;  76  C.  C.  A.  10. 

In  re  Lewensohn  (supra). 

In  re  Levy,  7  Am.  B.  R.  56. 

Right  of  creditor  to  expunge  not  higher  than  that  of  the  bankrupt. 

In  re  E.  J.  Arnold  &  Co.,  13  Am.  B.  R.  320;  133  Fed.  789. 

Where  there  is  no  trustee,  bankrupt  may  move  to  reconsider. 

In  re  Ankeny,  4  Am.  B.  R.  72;  100  Fed.  614;  2  N.  B.  N.  Rep.  249. 

Defense  of  usury  available  to  trustee. 

In  re  Stern  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  510;  144  Fed.  956;  76  C.  C.  A.  10. 

In  re  Kellogg  (C.  C.  A.  2nd  Cir.),  10  Am.  B.  R.  7 ;  121  Fed.  332;  57  C.  C.  A.  547; 
aff'g  113  Fed.  120. 

See,  Gray  v.  Grand  Forks  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  780;  138 
Fed.  344;  70  C.  C.  A.  634. 

No  collateral  attack  on  claim  upon  creditors'  petition  to  remove  trustee. 

In  re  Roanoke  Furnace  Co.  (D.  C.  Pa.),  18  Am.  B.  R.  661 ;  152  Fed.  846. 

Where  an  order  of  referee  sustains  objection  to  claim  upon  prima  facie  case  of  claimant 
and  the  district  court  reverses  order  and  "allows  claim  as  filed,"  the  latter  order  is 
erroneous  in  that  the  matter  should  be  sent  back  to  referee  to  allow  trustee  to  offer  testi- 
mony in  opposition  to  claim. 

In  re  John  H.  Livingston  Co.  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  385;  144  Fed.  971;  75 
C.  C.  A.  282. 

LSee  Notes  on  Forms  No.  129,  142,  147,  149  and  153.] 


FOKMS  IK  BA:NKRUPTCY.  221 


FORM  No.  144. 

NOTICE  TO  CLAIMANT  THEBEON. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


>    No. 


To and ,  Esq.,  his  attorney : 

You  will  please  take  notice  that the  Trustee  herein, 

has  filed  a  petition  duly  verified  asking  that  your  claim  against  the  above 
named  bankrupt,  he  reconsidered,  rejected  and  expunged  (or  reduced)  for  the 
following    reasons :    


and  that  a  hearing  will  be  had  on  such  petition  at  my  office,  No. 

Street  in  the  city  of in  said  District  on  the 

day  of 19 .  . ,  at  ....  o'clock  .  .  M. 

Dated, 19... 


Referee  in  Bankruptcy. 


222  FORMS  IN  BANKRUPTCY. 


FORM  No.  145. 

ORDER  TO  SHOW  CAUSE,  SOMETIMES  USED  IN  PLACE  OF  NO.  144. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banhrupt. 


On  reading  the  petition  of the  trustee  of  the  estate  of  the 

above  named  bankrupt,  verified  the day  of 19. .,  hereto 

annexed,  and  on  motion  of Esq.,  attorney  for  the  said  Trustee, 

it  is 

Ordered,  that  an  alleged  creditor  of  the  estate  of  the 

above  named  bankrupt,  show  cause  before  me  at  my  office  No 

Street  city  of on  the day  of 19 .  . , 

at o'clock  ....  M.  why  the  proof  of  claim  heretofore  filed  by  said 

alleged  creditor  in  my  office,  be  not  reconsidered,  rejected  and  expunged  (or 
reduced)  for  the  reasons  stated  in  said  petition  as  follows : 

And  it  is  further  ordered,  that  service  of  the  said  petition  and  of  this  order 
(personally  or  by  mailing  copies  of  the  same  to  the  said  alleged  creditor),  on  or 
before  the day  of 19.  .,  shall  be  sufficient. 

Dated, ,19... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY.  223 


FORM  No.  146. 

ORDER  EXPUNGING  OR  REDUCING  PROOF  OF  DEBT. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


bankrupt. 


V    No. 


The  trustee  of  the  estate  of  the  above  named  bankrupt  having  filed  in  the 
office  of  the  referee  a  duly  verified  petition  praying  that  the  proof  of  debt 

heretofore  filed  herein  by    an   alleged   creditor   for 

$ be  reconsidered,  rejected  and  expunged  (or  reduced),  and  an 

order  having  been  made  herein  that  a  hearing  be  had  thereon  on  the 

day  of 19.  .,  and  due  notice  of  said  hearing  having  been 

given  to  said  claimant,  and  to  the  said  trustee,  and  the  said  claimant  having 
appeared  by  counsel  on  said  day,  and  the  evidence  submitted  (or  testimony 
having  been  taken  thereon),  now  on  reading  and  filing  the  trustee's  said 

petition  and  after  hearing   Esq.,  attorney  for  the  said 

trustee,  in  support  of  said  petition  and  Esq.,  in  opposi- 
tion thereto,  it  is 

Ordered,  that  the  prayer  of  said  petition  be  and  the  same  is  hereby  granted, 
and  it  is  further 

Ordered,  that  said  claim  of be  and  it  is  hereby  rejected 

disallowed  and  expunged  from  the  list  of  claims  upon  the  record  in  this  case. 

(or  that   said  claim  of    be   and   it   hereby  is   reduced   to 

$ and  allowed  at  said  amount  upon  the  list  of  claims  herein. ) 

Dated, ,19... 


Referee  in  Bankruptcy. 


224  FORMS  IN  BANKRUPTCY. 

FORM  No.  147. 

ORDER  AIXOWING   CLAIM. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


having  filed  in  the  office  of  the  Referee  a 

proof  of  claim  against  the  estate  of  the  above  named  bankrupt  in  the  sum  of 

$ ,  and  the  said  claim  having  been  objected  to  by  (the  Trustee  or 

certain  creditors)  and  the  objections  having  come  on  for  a  hearing  before  me, 

and  testimony  having  been  offered  in  behalf  of in  support  of  the 

said  claim,  and  by  (the  Trustee  or  certain  objecting  creditors)  in  opposition 

thereto,  and  due  deliberation  having  been  had,  and  after  hearing 

Esq.  attorney  for  the  said  claimant,  in  support  of  the  said  claim,  and 
Esq.,  attorney  for  (Trustee  or  objecting  creditors),  in  opposi- 
tion thereto,  it  is 

Ordered,  that  the  said  claim  be  and  the  same  is  hereby  allovsred  in  the  sum  of 
$ and  the  objections  thereto  dismissed. 

Dated, ,19... 


Referee  in  Bankruptcy. 

NOTES. 
Provable  claims. 

Provability  depends  upon  status  at  time  petition  is  filed. 

In  re  Pettingill.  14  Am.  B.  R.  738  ;  137  Fed.  840. 

In  re  Reading  Hosiery  Co.  (D.  C.  Pa.),  171  Fed.  195. 

In  re  Burka.  5  Am.  B.  R.  12;  107  Fed.  674. 

In  re  Adams.  12  Am.  B.  R.  368;  130  Fed.  881. 

In  re  Bevins  et  al.  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  344;  165  Fed.  676;  91  C.  C  A.  302 

Judgment  in  conversion  a  provable  claim. 

In  re  Hale,  20  Am.  B.  R.  633. 

In  re  Smith,  146  Fed.  923. 

Crawford  v.  Burke,  12  Am.  B.  R.  659:  195  U.  S  176;  49  L.  Ed.  147;  r'v'g  11  Am.  B.  R. 
15;  201  111.  581;  In  re  Nefif  (C.  C.  A.  6th  Cir.),  19  Am.  B.  R.  231;  157  Fed.  57;  84  C. 
C.  A.  561. 


FORMS  IN  BANKRUPTCY.  2:^5 

Judgment  for  breach  of  promise  to  marry  provable.  In  re  Fife,  6  Am.  B.  R.  258 ;  109 
Fed.  880. 

In  re  McCauley,  4  Am.  B.  R.  122;  101  Fed.  223. 

Right  of  mortgagee  to  prove  claim. 

In  re  Beaver  Knitting  Mills  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  528;  154  Fed.  320;  83 
C.  C.  A.  240. 

Creditor  avIio  holds  voidable  preference. 

Stevens  v.  Nave  McCord  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  609;  150 
Fed.  71;  80  C.  C.  A.  25. 

Note  given  upon  previous  composition  provable. 

In  re  C.  H.  Bennett  Shoe  Co.,  20  Am.  B.  R.  704. 

"  Fixed  liability." 

Phenix  Nat.  Bank  v.  Waterbury,  and  ano.  (N.  Y.  Ct.  of  App. ),  23  Am.  B.  R.  250; 
aff'g  20  Am.  B.  R.  140. 

Contingent  claims. 

In  re  Dunlap  Carpet  Co.,  20  Am.  B.  R.  882. 

In  re  Smith,  17  Am.  B.  R.  112;  146  Fed.  912. 

A  charge  for  the  preparation  of  a  general  assignment  for  creditors,  made  within  the 
four  months  period  may  be  proved  as  an  unsecured  claim. 

Randolph  v.  Scruggs,  Trustee  (U.  S.  Sup.),  10  Am.  B.  R.  1 ;  190  U.  S.  533;  47  L.  Ed, 
1165. 

Subscription  under  contract  a  provable  debt  for  full  subscription  price. 

In  re  Buffalo  Mirror  &  Beveling  Co.,  15  Am.  B.  R.  122. 

Proof  against  individual  and  partnership  estate  when  allowed. 

In  re  McCoy,  17  Am.  B.  R.  760;  1.50  Fed.  106. 

Bond  to  secure  payment  of  annuity  provable. 

Cobb  V.  Overman  (C.  C.  A.  4th  Cir.),  6  Am.  B.  R.  324;  109  Fed.  65;  48  C.  C.  A.  223; 
54  L.  R.  A.  369. 

A  claim  for  breach  of  contract  to  purchase  corporate  stock  at  a  fixed  date  which 
occurs  after  bankruptcy  is  a  provable  claim. 

In  re  Pettingill  &  Co.,  14  Am.  B.  R.  728;  137  Fed.  143. 

Contra.     In  re  Inman  &  Co.,  23  Am.  B.  R.  566. 

Stockholders  may  not  after  bankruptcy  rescind  their  contracts  and  prove  claims 
against  estate  for  money  paid  for  such  stock. 

Scott  V.  Abbott  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  335;  160  Fed.  573;  87  C.  C.  A.  475- 

Non-provable  claims. 

A  partner's  contribution  of  capital  not  a  provable  debt  against  partnership  estate. 

In  re  W.  J.  Floyd  &  Co.,  19  Am.  B.  R.  438;  156  Fed.  206. 

Advances  by  partner  to  firm  provable. 

In  re  Rice,  21  Am.  B.  R.  205,  211;  164  Fed.  514. 

Loans  made  in  violation  of  a  state  statute  not  provable  on  theory  of  an  Implied  contract 
for  money  had  and  received. 

In  re  Montello  Brick  Works  (D.  C.  Pa.),  20  Am.  B.  R.  855;  174  Fed.  498. 

Tort  claims  not  provable. 

In  re  Hirscbmann,  4  Am.  B.  R.  715;  104  Fed,  69. 

In  re  Cashing,  6  Am.  B.  R.  22. 

"Waiver  of  tort  and  proof  as  quasi  contract. 

In  re  Filer  (D.  C.  N.  Y.),  5  Am.  B.  R.  835;  aff'g  5  Am.  B.  R.  582. 

Claim  for  damages  for  death  of  intestate  by  wrongful  act. 

In  re  N.  Y.  Tunnel  Co.  (C.  C.  A.  2nd  Cir.).  20  Am.  B.  R.  25;  1.59  Fed.  688;  86  C.  C.  A. 
556. 

Judgment  for  personal  injuries  for  wrongful  act. 

In  re  Crescent  Lumber  Co.,  19  Am.  B.  R.  112;  154  Fed.  724. 


226  FORMS  IN  BANKRUPTCY. 

In  re  Wigmore,  10  Am.  B.  R.  661. 

Injury  to  property  not  growing  out  of  any  contractual  relation. 

Brown  and  Adams  v.  United  Button  Co.  (C.  C.  A.  3rd  Cir.),  17  Am.  B.  R.  565;  149 
Fed.  48;  79  C.  C.  A.  70;  afE'g  15  Am.  B.  R.  390;  140  Fed.  495. 

Amount  of  fine  imposed  for  crime  in  State  Court. 

In  re  Moore,  6  Am.  B.  R.  590;  111  Fed.  145. 

Damages  for  breacli  of  contract  of  employment  are  provable. 

In  re  Sweetser,  Pembroke  &  Co.  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  650;  142  Fed.  131, 
73  C.  C.  A.  349. 

In  re  Silverman  Bros.,  4  Am.  B.  R.  83;  101  Fed.  219. 

See  In  re  Imperial  Brew.  Co.,  16  Am.  B.  R.  110;  143  Fed.  579. 

In  re  Neff  (C.  C.  A.  6th  Cir.),  19  Am.  B.  R.  23;  157  Fed.  57;  84  C.  C.  A.  561;  afif'g  19 
Am.  B.  R.  911. 

Contra.     In  re  Inman  &  Co.  (D.  C.  Ga.),  22  Am.  B.  R.  524;  171  Fed.  185. 

Wagering  contracts.     Contract  for  future  delivery. 

In  re  Aetna  Cotton  Mills,  22  Am.  B.  R.  629;  171  Fed.  994. 

Corporate  bonds  issued  to  a  promoter  in  violation  of  a  statute.  In  re  "Wyoming 
Valley  Ice  Co.,  1.53  Fed.  787. 

Claim  for  a  penalty. 

In  re  Bevier  "Wood  Pavement  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  462;  156  Fed.  583. 

Alimony  in  arrears  or  to  accrue  not  a  provable  debt. 

Audubon  et  al.  v.  Shufeldt  (U.  S.  Sup.),  5  Am.  B.  R.  829;  181  U.  S.  575;  45  L.  Ed. 
1009. 

In  re  Smith,  3  Am.  B.  R.  67. 

See  In  re  Challoner  (D.  C.  111.),  3  Am.  B.  R.  442;  98  Fed.  82. 

Contra.  In  re  Williams  Estate  (N.  Y.  Sur.  Ct.),  23  Am.  B.  R.  394;  118  N.  Y.  Supp. 
562. 

Provability  of  contingent  claims. 

Claim  of  landlord  for  repairs  under  covenant  in  lease. 

In  re  Schomacker  Piano  Mfg.  Co.,  20  Am.  B.  B.  899;  163  Fed.  413. 

In  re  International  Milling  Co.,  23  Am.  B.  R.  664. 

Rent  to  accrue  not  provable. 

In  re  Malder,  5  Am.  B.  R.  453  ;  105  Fed.  428. 

Watson  V.  Merrill  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  453;  136  Fed.  359;  69  C.  C.  A.  185. 

In  re  Henckel  Brewing  Co.  (D.  C.  K  Y.),  10  Am.  B.  R.  484;  123  Fed.  942;  In  re 
Roth  6c  Appel  (D.  C.  N.  Y.),  174  Fed.  64. 

Surety's  loss  in  completing  bankrupt's  contract  provable  through  unliquidated.  Wood 
V.  U.  S.  Fidelity  and  Guaranty  Co.,  16  Am.  B.  R.  21;  143  Fed.  424. 

The  liability  of  the  maker  of  a  note  to  the  surety  thereon  is  a  provable  claim  against 
the  maker's  estate  in  bankruptcy.     Hayer  v.  Comstock,  7  Am.  B.  R.  493. 

Stipulation  in  note  as  to  attorney's  fees. 

InreT.  H.  Thompson  Milling  Co.  (D.  C.  Tex.),  16  Am.  B.  R.  454;  144  Fed.  314. 
In  re  Hersey  (D.  C.  la.),  171  Fed.  1004. 

In  re  Edens  &  Co.  (D.  C.  So.  Car.),  18  Am.  B.  R.  643;  151  Fed.  940. 

Not  provable  in  Pennsylvania. 

McCabe  v.  Patten  (C.  C.  A.  3rd  Cir.),  23  Am.  B.  R.  335;  174  Fed.  217. 

Unliquidated  claims.     Sec.  63-b. 

What  constitutes: 

In  re   Kenney  &  Co.,  14  Am.   B.  R.  611 ;  136  Fed.  451. 

A  claim  for  unliquidated  damages  for  tort  not  connected  with  contract  and  not  reduced 
to  judgment,  ia  not  susceptible  of  liquidation  under  this  section.  Brown  &  Adams  v. 
United  Button  Co.  (C.  C.  A.  3rd  Cir.),  17  Am.  B.  R.  565;  149  Fed.  48;  79  C.  C.  A. 
70,  aff'g. 


FORMS  IN  BANKRUPTCY.  227 

In  re  United  Button  Co.,  15  Am.  B.  R.  390;  140 Fed.  495. 

For  breach  of  warranty  upon  a  sale. 

In  re  Grant  Shoe  Co.  (C.  C.  A.  2nd  Cir.),  12  Am.    B.  R.  349;  130  Fed.  881;  66  C.  C. 

A.  78;  aff'g.  11  Am.  B.  R.  48;  125  Fed.  576. 

Procedure  upon  liquidation. 

In  re  United  Button  Co.  {supra). 

In  re  Silverman  Bros.,  4  Am.  B.  R.  83;  101  Fed.  219. 

In  re  Buchan's  Soap  Corp.  (D.  C.  N.  Y.),  22  Am.  B.  R.  382;  169  Fed.  1017. 

"Liquidated  by  litigation." 

In  re  Laudis,  19  Am.  B.  R.  420;  156  Fed.  318. 

In  re  Strobcl  (D.  C.  N.  Y.).  20  Am.  B.  R.  884;  160  Fed.  916. 

In  re  Keyes,  20  Am.  B.  R.  183 ;  160  Fed.  763. 

In  re  Noel,  (Powell  v.  Leavitt)  (C.  C.  A.  1st  Cir.),  18  Am.  B.  R.  10;  150  Fed.  89;  80  C. 
C.  A.  43 ;  r'v'g  16  Am.  B.  R.  457 ;  144  Fed.  439. 

In  re  Merteus  *5c  Co.  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  825;  144  Fed.  818;  75  C.  C.  A- 
548;  aff'd  Hiscock  v.  Varick  Bank,  206  U.  S.  28. 

In  re  E.  O.  Thompson's  Sous,  10  Am.  B.  R.  581 ;  123  Fed.  174. 

In  re  Prindle  Pump  Co.  (D.  C.  N.  Y.),  10  Am.  B.  R.  405. 

In  re  Damon  &  Co.,  14  Am.  B.  R.  809. 

In  re  Baird  &  Co.,  18  Am.  B.  R.  228 ;  154  Fed.  215. 

In  re  Coventry  Evans  Furniture  Co.  (D.  C.  N.  Y.),  171  Fed.  673. 

In  re  Otto  F.  Lange  Co.  (D.  C.  la.),  20  Am.  B.  R.  478;  170  Fed.  114. 

Surrender  of  Preferences. 

Since  amenilment  of  1903  confined  to  cases  where  a  person  receiving  a  preference  had 
reasonable  cause  to  believe  that  it  was  intended  as  such,  and  to  transfers  where  the  persons 
making  them  did  so  with  fraudulent  intent. 

In  re  Bloch  (C.  C.  A.  2nd  Cir.)  15  Am.  B.  R.  748  ;  142  Fed.  674  :  74  C.  C.  A.  2.50. 

In  re  Audrews  (C.  C.  A.  1st  Cir.)  16  Am.  B.  R.  387  ;  144  Fed.  922  ;  75  C.  C.  A.  562  ; 
aff'g.  14  Am.  B.  R.  247. 

Off  v.  Hakes  (C.  C.  A.  7th  Cir.)  15  Am.  B.  R.  696  ;  142  Fed.  364  ;  73  C.  C.  A.  464. 

In  re  Pfaffinger,  18  Am.  B.  R.  807  ;  154  Fed.  528. 

In  re  Hines  16  Am.  B.  R.  495  ;  144  Fed.  543. 

Election  of  Remedies.     Estoppel  by  filing  claim. 

In  re  Jacob  Berry  &  Co.  (C.  C.  A.  2nd  Cir.)  23  Am.  B.  R.  27. 

Thomas  v.  Taggart,  19  Am.  B.  R.  710  ;  209  U.  S.  385  ;  52  L.  Ed.  845  ;  aff'g  17  Am. 

B.  R.  467. 

Du  Vivier  &  Co.  v.  GaJlice  (C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  557  ;  149  Fed.  118  ;  80 

C.  C.  A.  556. 

In  re  Kenyon,  19  Am.  B.  R.  194  ;  156  Fed.  863. 
[See,  notes  on  Forms  No.  129,  142,  143,  149  and  153.] 


228 


FORMS  IN  BANKRUPTCY. 


FORM  No.  148. 

PETITION  TO  PAT  PRIORITY  CLAIMS  AND  SCHEDULE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


bankrupt. 


No. 


To Esq.,  Referee  in  Bankruptcy : 

The  petition  of respectfully  shows  and  alleges : 

1.     That   he   is   the   trustee   in   bankruptcy   herein   duly   qualified;   that 

annexed  hereto  is  a  schedule  of  claims  entitled  to  priority  (for ) 

which  have  been  filed  and  allowed  herein.     Petitioner  believes  that  said  claims 
are  just  and  correct  and  should  be  paid  at  once  for  the  following  reasons: 


Wherefore  petitioner  prays  that  an  order  be  entered  authorizing  and  direct- 
ing him  as  trustee  to  pay  the  net  amount  set  opposite  the  name  of  each 
claimant,  as  a  claim  entitled  to  priority  herein. 


SCHEDULE. 


(Verification.) 
j  PRIORITY  CLAIMS  OF. 


Name  of  Creditor. 


Amount  of  Claim. 


Petitioner. 


Bankrupt. 

Amount  with  Filing  Fee. 


Totals 

Dated ,19... 


Trustee  in  Bankruptcy. 


FORMS  IN  BANKKUPTOY.  229 

FORM  No.  149. 

ORDER  DIRECTING  PAYMENT  OF  PRIORITY  CLAIMS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


V      No. 


bankrupt. 


Upon  reading  and  filing  the  petition  of Trustee  herein  duly 

verified  praying  for  authority  to  pay  the  claims  filed  herein  claiming  priority 

under  Section  64  of  the  Bankruptcy  Act,  and  upon  motion  of 

attorney  for  said  Trustee,  it  is 

Ordered,  that  the  said  Trustee  be  and  he  hereby  is  authorized  and  directed 
to  pay  the  claims  entitled  to  priority  herein,  duly  filed  and  allowed  in  this 
proceeding,  as  set  forth  in  the  schedule  hereto  annexed. 

Dated ,19... 


Referee  in  Bankruptcy. 


NOTES. 


Claims  entitled  to  priority  of  payment. 

Bankruptcy  Act  supersedes  state  insolvency  laws  and  prescribes  what  debts  shall 
have  priority  of  payment. 

Smith  V.  Mottley  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  863  ;  150  Fed.  266  ;  80  C.  C.  A. 
154,  rev'g  16  Am.  B.  R.  226  ;  In  re  Slomka.  (C.  C.  A.  2nd  Cir.)  9  Am.  B.  R.  635,  122 
Fed.  630;  58  CCA.  322,  rvg.  9  Am  B.  R.  124  ;  117  Fed.  688. 

Burden  on  claimant  to  prove  by  fair  preponderance  of  evidence  the  contract  of  em- 
ployment and  performance  of  services. 

Mason  v.  St.  Albans  Furniture  Co.  17  Am.  B.  R.  8G8,  149  Fed.  898. 

In  re  B.  H.  Gladding  Co.  (D.  C  R.  I.),  9  Am.  B.  R.  700  ;  120  Fed.  709. 

What  constitutes  "  wages." 

"Weaver  v.  Hugill  Stone  Supply  Co.,  16  Am.  B.  R.  516. 

Claim  of  infant  for  wages. 

In  re  Huntenberg,  18  Am.  B.  R.  697  ;  153  Fed.  768. 

Judgment  for  damages  for  wrongful  dismissal  as  a  salesman  not  entitled  to  priority. 

In  re  E.  B.  Lewis,  12  Am.  B.  R.  279. 

Petition  to  review  denial  of  priority  claim. 

In  re  A.  O.  Brown  &  Co.,  22  Am.  B.  R.  496,  171  Fed.  281. 

Teamster  entitled  only  to  priority  for  his  personal  services,  not  for  use  of  horse,  etc. 


230  FORMS  IN  BANKRUPTCY. 

In  re  Wlnton  Lumber  &  Mf'g  Co.,  17  Am.  B.  R.  117. 

Commissions  paid  to  a  traveling  salesman  for  his  services  are  "  wages "  within  the 
Act,  as  amended. 

In  re  Dexter  (D.  C.  Mass.),  158  Fed.  788. 

In  re  New  England  Thread  Co.  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  47  :  158  Fed.  788  ; 
aff'g  18  Am.  B.  R.  840  ;  154  Fed.  742. 

"Piece  workers"  entitled  to  priority  as  wage  earners. 

In  re  Gurewitz  (C.  C.  A.  2nd  Cir.),  10  Am.  B.  R.  350  ;  121  Fed.  982,  58  C.  C.  A.  320. 

Section  includes  a  bookkeeper. 

In  re  Baumblatt  (D.  C.  Pa.),  19  Am.  B.  R.  500  ;  156  Fed.  422. 

President  of  a  corporation  not  a  wage  earner  within  Sec.  64-b. 

Carpenter  v.  Cudd.  (C.  C.  A.  4th  Cir.),  174  Fed.  603. 

Editor  of  a  newspaper  not  entitled  to  priority  within  the  section. 

In  re  Zotti  23  Am.  B.  R.  607. 

Nor  manager  of  a  branch  of  a  broker's  office. 

In  re  A.  O.  Brown  &  Co.,  22  Am.  B.  R.  496  ;  171  Fed.  281. 

Assignment  of  -wage  claim. 
General  order  XXI. 

Does  not  lose  priority  by  assignment  before  commencement  of  bankruptcy  proceeding. 

In  re  Fuller  &  Bennett  (D.  C.  W.  Va.),  18  Am.  B.  R.  443;  152  Fed.  538. 

In  re  Bennett  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  320;  153  Fed.  673;  82  C.  C.  A.  531. 

Shropshire  &  Co.  v.  Bush  (U.  S.  Sup.),  17  Am.  B.  R.  77;  204 U.  S.  186;  54  L.  Ed.  436. 

Contra.  In  re  St.  Louis  Ice  Mf'g  and  Storage  Co.  (D.  C.  Mo.),  17  Am.  B.  R.  194;  147 
Fed.  752. 

Priority  not  lost  by  assignment  after  filing  of  petition. 

In  re  Campbell,  4  Am.  B.  R.  535;  102  Fed.  686;  dist'g  In  re  Westlaund,  3  Am.  B.  R. 
640;  99  Fed.  399. 

Nor  by  assignment  after  proof. 

In  re  North  Carolina  Car  Co.,  11  Am.  B.  R.  488;  127  Fed.  178. 

Priority  attaches  to  character  of  claim,  not  to  claimant. 

In  re  Harmon,  11  Am.  B.  R.  64;  128  Fed.  170. 

Priority  of  taxes.     64-a. 

Actual  and  necessary  costs  of  administration  have  priority  over  taxes  due  state. 

In  re  Ilalsey  Electric  Generator  Co.  (D.  C.  N.  J.),  23  Am.  B.  R.  401;  175  Fed.  825. 

Contra.     In  re  Weiss  (D.  C.  N.  Y.),  20  Am.  B.  R.  247;  159  Fed.  295. 

In  re  Prince  &  Walter  (D.  C.  Pa.),  12  Am.  B.  R.  675;  131  Fed.  546. 

Taxes  which  trustee  is  required  to  pay  under  sec.  64-a  carry  interest. 

In  re  Kallak,  17  Am.  B.  R.  414 ;  141  Fed.  276. 

And  penalty. 

In  re  Scheldt  Bros.,  23  Am.  B.  R.  778;177  Fed.  599. 

Contra.     In  re  Fisher  &  Co.  (D.  C.  N.  J.),  17  Am.  B.  R.  404;  148  Fed.  907. 

Franchise  taxes. 

State  of  New  .Jer.sey  v.  Anderson  (U.  S.  Sup.),  17  Am.  B.  R.  63;  203  U.  S.  483;  51  L. 
Ed.  284;  rev'g  14  Am.  B.  R.  604;  137  Fed.  858. 

Priority  for  materials  by  state  statute. 

In  re  Bennett  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  320;  153  Fed.  673;  82  C.  C.  A.  531; 
aff'g  18  Am.  B.  R.  847. 

In  re  Jones,  18  Am.  B.  R.  206;  151  Fed.  108. 

As  to  comniuiiit)^  property,  see 

In  re  Chavez  (New  Mexico)  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  641;  149  Fed.  73;  80 
C.  C.  A.  451. 

Surety  upon  debt  due  the  United  States  subrogated  to  right  of  priority  over  claims  of 
general  wage  creditors. 


FORMS  IN  BANKRUPTCY.  331 

Title  Guaranty  &  Surety  Co.  v.  Guarantee  Title  &  Trust  Co.  (C.  C.  A.  3rd  Cir.), 
23  Am.  B.  R.  340;  174  Fed.  385. 

Priority  by  State  Statute. — Landlord's  lien, 
lu  re  Burns  (D.  C.  Ga.),  26  Am.  B.  R.  640;  175  Fed.  633. 
In  re  V.  D.  L.  Co.  (D.  C.  Ga.),  23  Am.  B.  R.  643;  175  Fed.  635. 
In  re  Delancy  Stables  Co.  (D.  C.  Pa.),  22  Am.  B.  R.  406;  170  Fed.  860. 
In  re  West  Side  Paper   Co.  (C.  C.  A.  3rd  Cir.),  20  Am.  B.  R.  660;  162  Fed.  110;  89 
C.  C.  A.  110. 

In  re  Consumers  Cofifee  Co.  (D.  C.  Pa.),  18  Am.  B.  R.  500;  151  Fed.  933. 

Costs  in  attachinent  suit. — Entitled  to  priority  of  pa3'ment. 
In  re  Goldberg  Bros.  (D.  C.  Me.),  16  Am.  B.  R.  521;  144  Fed.  566. 
In  re  Allen,  3  Am.  B.  R.  38;  96  Fed.  512. 

Contra.     In  re  Copper  King,  Lim.,  16  Am.  B.  R.  148;  143  Fed.  649. 
Provable  as  an  unsecured  claim  only  so  far  as  necessarily  incurred. 
In  re  Thompson  Mercantile  Co.  (D.  C.  Minn.),  11  Am.  B.  R.  579. 
[See  Notes  on  Forms  No.  129,  142,  143,  147  and  153.] 


FORM  No.  150. 

PETITION  TO  REVIE^V  ORDER  REJECTING   CLAIM. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ik  the  Matter 

OP 


ScaiJcrupt. 


y   No. 


To Esq.,  Referee  in  Bankruptcy: 

The  petition  of    respectfully   shows :     That  your 

petitioner  is  a  creditor  of ,  the  above  named  bankrupt,  and 

that  his  claim  in  the  sum  of  $ was  heretofore  filed  herein ; 

that  thereafter  objections  were  filed  by  and  the  same  were 

duly  heard  by  the  Referee  herein  and  testimony  taken. 

That  on  the day  of 19 .  . ,  an  order,  a  copy  of  which 

is  hereto  annexed,  was  made  and  entered  herein  by  which  said  claim  was 
rejected,  disallowed  and  expunged. 

That  such  order  was  and  is  erroneous  in  that: 

[Concise  statement  of  error.] 


232 


FORMS  IN  BANKRUPTCY. 


Wherefore,  your  petitioner,  feeling  aggrieved  because  of  such  order,  prays 
that  the  same  may  be  reviewed  as  provided  in  the  Bankruptcy  Act  of  1898,  the 
amendments  thereto,  and  General  Order  XXVII. 

Dated ,19... 


(Verification.)  Petitioner. 

NOTES. 
Review  of  order  allowing  or  disallowing  claim. 

Findings  of  fact  of  a  referee  not  disturbeii  except  upon  convincing  proof  of  error. 
In  re  Hatem,  20  Am.  B.  R.  470;  161  Fed.  895. 
In  re  Rider  (D.  C.  N.  Y.),  3  Am.  B.  R.  192;  96  Fed.  811; 
In  re  Douglass  &  Sons  Co.  (D.  C.  Conn.),  8  Am.  B.  R.  113 ;  114  Fed.  772. 


FORM  No.  151. 

PETITION  THAT  ALL  CLAIMS  TO   SECURITIES,  ETC.,  BE    REFERRED. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


In  the  Matter 

OF 

The  determination  of  claims  to  all 
stocks,  bonds,  securities  and  other 
assets  now  in  the  possession  of  the 
Trustee  herein. 

To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 

District  of : 

The  petition  of respectfully  shows  to  this  Court  and  alleges : 

1.  That  heretofore  and  on  .  . , 19.  .  a  petition  praying  that 

the  above  named be  adjudged  an  involuntary  bankrupt  was 

filed  in  the  office  of  the  Clerk  of  the  District  Court  of  the  United  States  for 
the District  of  .  . ; 

2.  That  thereupon,  your  petitioner  was  duly  appointed  receiver  of  the 
goods,  assets  and  effects  of  said  bankrupt,  and  duly  qualified  as  such  by 
^ling  a  bond,  as  required  by  this  court,  which  was  duly  approved,  and  h" 


FORMS  IN  BANKRUPTCY.  233 

thereupon  entered  upon  the  performance  of  his  duties  and  has  continued 
to  perform  the  same. 

3.  That   thereafter,   such   proceedings   were   duly   had   that    an   order   of 

adjudication  was  made  and  entered  herein  on 19.  .,  and  the 

proceedings  herein  were  duly  referred  to Esq.,  one  of 

the  referees  in  bankruptcy. 

4.  That  thereafter,  such  further  proceedings  were  duly  had  before  said 
Esq.,  that  your  petitioner  herein  was  duly  ap- 
pointed trustee  in  bankruptcy  herein,  and  duly  qualified  as  such  by  filing  his 
bond  with  said  referee,  which  was  thereupon  duly  approved,  and  he  thereupon 
entered  upon  the  performance  of  his  duties  as  such  Trustee,  and  has  continued 
to  perform  the  same. 

5.  That  subsequent  to  19.  .,  to-wit ;  on  or  about 

19. ,,  your  petitioner  received  certain  stocks,  bonds,  securities 

and  other  assets  from  the  firm  of and  that  since 

19.  .,  your  petitioner  has  likewise  received  from  other  sources  various  stocks, 
bonds,  securities  and  other  assets. 

6.  That  your  petitioner  believes  that  it  will  be  inadvisable  and  improper  to 
sell  and  distribute  such  stocks,  bonds,  securities  and  other  assets  so  received  by 

him  since 19.  .,  until  all  rights  in  and  to  the  same  shall  have 

been  ascertained  and  determined. 

7.  Your  petitioner  therefore  asks  that  the  annexed  order  to  show  cause 
may  be  granted. 

8.  No  previous  application  for  the  annexed  order  to  show  cause  has  been 
made  to  any  Court  or  Judge,  and  the  reason  the  same  is  now  asked  for  is, 
that  it  is  desired  to  have  the  Court  determine  this  matter  at  the  earliest 
possible  date,  and  that  this  Court  should  determine  the  method  of  service 
hereof,  and  your  petitioner  suggests  that  service  may  be  made  by  publication 
of  the  annexed  order  to  show  cause,  for  the  following  reasons : 

(a)  The  bankrupt  herein  has  creditors,  as  appears  by  their  schedules 
herein,  in  excess  of in  number. 

(b)  The  said  creditors  are  located  in  many  other  States  of  the  United 
States,  and  service  other  than  by  publication  is  impracticable. 

(c)  Your  petitioner  also  suggests  that  as  a  preliminary  measure,  this 
petition  and  the  order  to  show  cause  be  served  on  all  known  creditors. 

Wherefore,  your  petitioner  prays  for  an  order  to  show  cause : 

1.  Directing  creditors  of  the  above  named  bankrupt  and  all  persons,  firms 
and  corporations,  interested  herein,  to  show  cause  before  this  Court  why  an 
order  should  be  made  herein  directing  said  persons,  firms  and  corporations  to 
file  their  claims  against  said  stocks,  bonds,  securities  and  other  assets,  or  the 

proceeds  thereof,  received  by  the  petitioner  herein  from  the  firm  of , 

or  from  any  source,  subsequent  to 19.  .,  if  any  such  claim 

they  have,  or  on  or  before  a  day  to  be  fixed  by  this  Court. 

2.  Directing  that  the  said  claims  so  made,  if  any,  be  referred  to 

Esq.,  the  referee  herein,  for  hearing,  testimony  and  report. 


234  FORMS  IN  BANKRUPTCY. 

3.  Directing  that  any  and  all  creditors,  persons,  firms  and  corporations, 
claiming  such  stocks,  bonds,  securities  and  other  assets,  or  the  proceeds  thereof, 
who  shall  not  file  claims  as  aforesaid,  be  forever  barred  from  making  or  claim- 
inor  any  such  title  or  ownership  to  the  said  stocks,  bonds,  securities  and  other 
assets,  or  the  proceeds  thereof,  and  why  the  petitioner  herein  should  not  have 
such  other  and  further  relief  as  to  the  Court  may  seem  just  and  proper. 

Dated ,19... 

Petitioner 
Attorneys  for  Petitioner, 

No Street 

City  of  

(Verification.) 


FORM  No.  152. 

ORDER  TO  SHOW  CAUSE  THEREON. 


United  States  District  Court, 

for  the District  of 


In  the  Matter 

OF 


Bankrupt. 


In  the  Matter 

OF 


The  determination  of  claims  to  all 
stocks,  bonds,  securities  and  other 
assets  now  in  the  possession  of  the 
Trustee  herein. 


On  reading  the  annexed  petition  of trustee,  herein, 

verified 19 .  .  and  on  all  the  papers  and  proceedings  had  and 

taken  herein,  and  on  motion  of attorneys  for  the  petitioner 

herein,  creditors  of  the  above  bankrupt,  and  all  other  persons,  firms  or  corpora- 
tions claiming  stocks,  bonds  and  securities  in  the  possession,  custody  or  control 
of  the  petitioner  herein,  or  the  proceeds  thereof,  received  from  all  sources 
whatsoever  subsequent  to 19 .  . ,  are  hereby  required  to  show 


FORMS  IN  BANKRUPTCY.  235 

cause  before  me,  or  one  of  the  Judges  of  this  Court,  at  a  Stated  Term  of  said 

Court  to  be  held  at  the  City  of on  the day 

of   19 . .   at   ....   o'clock  in  the   noon,  or  as  soon 

thereafter  as  counsel  can  be  heard,  why  an  order  should  not  be  made  and 
entered  herein  directing  said  creditors,  persons,  firms  and  corporations  to  file, 

on  or  before 19. .,  their  said  claims  against  said  stocks,  bonds, 

securities  and  other  assets,  or  the  proceeds  thereof,  so  received  by  the  trustee, 
and    why    the    said    claims    so    made,    if    any,    should    not    be    referred    to 

Esq.,  Referee  in  Bankruptcy,  as  Special  Master,  for  hearing, 

testimony  and  report,  and  why,  in  default  of  any  such  claims  being  filed  as 
aforesaid,  said  creditors,  persons,  firms  and  corporations,  and  any  and  all  of 
them,  should  not  be  forever  barred  or  foreclosed  from  making  any  such  claim, 
title  or  ownership  therein  or  thereto,  in  whole  or  in  part. 

Sufficient  reason  appearing  therefor,  it  is  hereby 

Ordered,  that  service  of  this  order,  together  witli  the  petition  upon  which  it 
is  granted,  be  made  by  mailing  a  copy  thereof  to  the  creditors  or  other  persons 
interested  herein,  who  shall  have  filed  notice  of  appearance  herein,  at  their 

addresses  appearing  upon  the  schedules  herein,  on  or  before  the day  of 

19 .  . ,  and  by  publishing  a  copy  of  this  order  in  the 

once  a  week  for  two  successive  weeks,  the  last  publication  to  be  not  later  than 

19 .  .  which  shall  be  and  hereby  is  declared  to  be  sufficient 

service  thereof. 

Dated ,19... 


United  States  District  Judge. 


236 


FORMS  IN  BANKRUPTCY. 


FORM  No.  153. 

"OMXIBUS"  ORDER  REFERRING  CLAIMS  TO   SECURITIES,  ETC.,  TO 

SPECIAL  MASTER. 

At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of held  at  the  Court 

House  in  the  City  of on  the 

day  of 19... 


Present : 
Hon.  . 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


>    No. 


An  order  having  been  granted  herein  on 19.  .,  requiring 

creditors  of  the  above  named  bankrupt  and  other  persons,  firms  or  corporations, 
claiming  stocks,  bonds,  securities  and  other  assets,  or  the  proceeds  thereof,  in 
the  possession,  custody  or  control  of  the  receiver  or  trustee  herein,  to  file 
their  claims  against  the  said  stocks,  bonds,  securities  and  other  assets,  or  the 
proceeds  thereof. 

On  reading  and  filing  the  said  order  to  show  cause,  dated 19 . ., 

the  petition  of trustee  herein  verified 19 . ., 

and  all  the  papers  and  proceedings  had  and  taken  herein,  and  proof  of  due 
service  thereof. 

On  motion  of attorneys  for  the  trustee  herein,  it  is 

Ordered  that  all  creditors  of  the  above  named  bankrupt  and  all  persons, 
firms  or  corporations  claim  stocks,  bonds,  securities  or  any  other  assets, 
or  the  proceeds  thereof,  in  the  possession,  custody  or  control  of  the  receiver 
or  trustee  herein  be  and  they  hereby  are  directed  to  file  their  claims  thereto, 

duly  verified  in  the  office  of  the  clerk  of  this  court,  on  or  before  the 

day  of 19.  .  ;  and  it  is  further 

Ordered,  tluit  any   and  all  creditors  or  other  claimants  to  the  said  stocks. 


FORMS  IN  BANKRUPTCY.  237 

bonds,  securities  and  other  assets,  or  the  proceeds  thereof,  who  shall  not  file 
such  claim  to  the  said  stocks,  bonds,  securities  and  other  assets,  or  the  proceeds 
thereof  asserting  their  right,  title  or  interest  therein  and  thereto,  on  or  before 

said day  of 19 .  . ,  be  and  they  hereby  are 

forever  barred  from  making  claim  or  asserting  any  right,  title  or  interest, 
in  or  to  the  said  stocks,  bonds,  securities  and  other  assets,  now  in  the  possession, 
custody  or  control  of  the  receiver  or  trustee  herein,  or  the  proceeds  thereof; 
and  it  is  further 

Ordered,  that  the  determination  of  all  rights,  titles  and  interests,  if  any,  in 
and  to  any  and  all  of  the  said  stocks,  bonds,  securities  and  other  assets,  or  the 
proceeds  thereof,  made  as  aforesaid,  be  and  the  same  hereby  is  referred  to 

,  Esq.,  who  is  hereby  appointed  Special  Master  for  that 

purpose,  to  hear  and  determine  the  rights  of  all  such  creditors  and  claimants, 
including  the  trustee  in  bankruptcy  herein  ;  and  the  said  master  is  directed 
in  all  respects  to  adjust,  determine  and  adjudicate  the  rights,  titles,  interests, 
equities,  claims  and  liens  therein  and  thereto,  and  report  to  this  Court 
his  determination  thereon. 


United  States  District  Judge. 
NOTES. 

Summary  determination  of  claims  to  property  held  by  receiver  or  trustee. 

In  re  Epstein  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  89;  156  Fed.  42;  84  C.  C.  A.  208. 

In  re  Rochford  (C.  C.  A.  8th  Cir.).  10  Am.  B.  R.  608;  124  Fed.  182;  59  C.  C.  A.  388. 

Owners  of  converted  stock  by  a  bankrupt  firm  of  brokers  held  entitled  to  similar  stock 
in  bankrupt's  possession  at  time  of  bankruptcy  as  tenants  in  common  as  against  general 
creditors. 

In  re  A.  O.  Brown  &  Co.  (D.  C.  N.  Y.).  22  Am.  B.  R.  659;  171  Fed.  254. 

Thomas  v.  Taggart  (U.  S.  Sup.),  19  Am.  B.  R.  710;  209  U.  S.  385  aff'g.  In  re  Berry 
&  Co.,  17  Am.  B.  R.  467;  149  Fed.  176. 

Validity  of  Order. 

Bankruptcy  court  has  power  to  limit  the  time  for  claimants  to  prove  title  to  stocks, 
bonds  etc.,  to  less  than  the  year  which  the  Act  allows  to  creditors  for  filing  claims. 

In  re  T.  A.  Mclntyre  &  Co.  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  R.  4;  176  Fed.  552. 

Motion  for  leave  to  file  after  expiration  of  time  denied  (s.  c).  See,  Collier  on  Bank- 
ruptcy (7th  Ed.),  p.  408. 


TITLE    V. 

TKUSTEE    IN    BANKRUPTCY. 


FofiM  No.  154.  Bond  of  Trustee. 

155.  Trustee's  First  Report. 

156.  Trustee's  Report  of  Exempt  Property. 

157.  Exceptions  to  Trustee's  Report  on  Exemptions. 

158.  Order  allowing  Exemptions  upon  Report. 

159.  Petition  for  leave  to  reject  Assets  as  burdensome. 

160.  Order  authorizing  Trustee  to  reject  Assets  as  burdensome. 

161.  Petition  by  Trustee  for  leave  to  continue  Business  of  Bankrupt. 

162.  Order  upon  same. 

163.  Trustee's  Bill  of  Sale  of  Personal  Property. 

164.  Trustee's  Deed  to  Real  Property. 

165.  Trustee's  Affidavit  upon  Assessment  for  Personal  Taxes  against 

Estate. 

166.  Notice  of  Adoption  of  Lease  by  Trustee. 

167.  Petition   for  leave  by  Trustee  to   sue. 

168.  Order  granting  leave  to  sue. 

169.  Affidavit  to  intervene  in  State  Court  Action. 

170.  Order  allowing  Trustee  to  Intervene. 

171.  Order  directing  Trustee  to  abandon  Legal  Proceedings. 

172.  Order  ratifying  Acts  of  Trustee. 

173.  Petition  for  Removal  of  Trustee. 

174.  Order  to  show  Cause  thereon. 

175.  Order  for  Removal  of  Trustee. 

176.  Resignation  of  Trustee. 

177.  Order  for  Choice  of  New  Trustee. 

178.  Demand  for  security  for  Costs  from  Trustee,  Plaintiff. 

179.  Order  requiring  Trustee  to  give  security  for  Costs. 

180.  Trustee's  Return  of  no  Assets. 

181.  Trustee's  Report  and   Final   Account. 

182.  Oath  to  Final  Account. 

183.  Objections  to  Trustee's  Account. 

184.  Order  allowing  Trustee  Extra  Compensation  for  conducting  bus- 

iness. 

185.  Trustee's  Final  Report. 

186.  Order  discharging  Trustee. 

9r,s 


FOKM«  1:N  UA^SKKUFTCY.  239 


FORM  No.  154. 

BOND  OF  TRUSTEE. 

In  the  District  Court  of  the  United  States, 

for  the District  of 


In  the  Matter 

OP 


Bankrupt. 


>    In  Bankruptcy  No. 


Know  all  men  by  these  presents : 

That  we,   of   City  of   , 

State  of ,  as  Principal,  and  the 

Company,  of   ,  a  corporation  duly  organized  under  the 

laws  of  the  State  of   ,  and  having  an   office  and  usual 

place  of  business  at  No Street,  in  the  City  of , 

as  Surety,  are  held  and  firmly  bound  unto  the  United  States  of  America  in  the 
sum  of 

dollars  in  lawful  money  of  the  United  States,  to  be  paid  to  the  said  United 

States,  for  which  payment,  well  and  truly  to  be  made,  the  said 

binds  himself,  his  heirs,  executors  and  administrators,  and  the  said  Company 
binds  itself  its  successors  and  assigns,  jointly  and  severally,  by  these  presents. 

Signed  and  sealed  this .  day  of ,  A.  D.,  19 .  . . 

The  condition  of  this  obligation  is  such,  that  whereas  the  above  named 

was  on  the   day  of   A.  D.  19 .  , , 

appointed  trustee  in  the  case  pending  in  bankruptcy  in  said  court,  wherein 

the  bankrupt,  and  he,  the  said , 

has  accepted  said  trust  with  all  the  duties  and  obligations  pertaining  thereunto: 

Now,  therefore,  if  the  said 

trustee,  as  aforesaid,  shall  obey  such  orders  as  said  Court  may  make  in  relation 
to  said  trust,  and  shall  faithfully  and  truly  account  for  all  moneys,  assets  and 
effects  of  the  estate  of  said  bankrupt  which  shall  come  into  his  hands  and 
possession,  and  shall  in  all  respects  faithfully  perform  all  his  official  duties  as 


240  FORMS  IN  BANKRUPTCY. 

said  trustee,  then  this  obligation  to  be  void ;  otherwise,  to  remain  in  full  force 
and  virtue. 

Sealed  and  delivered 
in  the  presence  of 

L.  S. 


The Co. 

By 

Manager. 
Attest : 

Attorney-in-fact. 
Acknowledgment  by  principal  and  surety. 
Justification  by  Surety  Company. 

NOTES. 

Sec.  50-b,  c. 

Bond  must  be  furnished  within  ten  days,  or  five  days  additional  if  permitted  by  the 
court. 

Surety  company  sufficient. 

In  re  Kalter,  2  Am.  B.  R.  590. 

Presumption  in  state  court  that  trustee  duly  qualified  by  filing  bond. 

Breckons  v.  Snyder.  15  Am.  B.  R.  113;  311  Pa.  St.  176. 

What  bond  covers. 

In  re  Kajita,  18  Am.  B.  R.  19. 

Unauthorized  payments. 

In  re  Hoytand  Mitchell,  11  Am.  B.  R.  784;  137  Fed.  968. 

Action  by  trustee  upon  bond  of  a  former  defaulting  trustee  may  be  maintained  in  a 
district  court  of  the  United  States. 

U.  S.  ex  rel.  Schauffler  v.  Union  Surety  &  Guaranty  Co.  (D.  C.  N.  Y.),  9  Am.  B.  R. 
114;  118  Fed.  483. 

Action  upon  bond  brought  in  name  of  United  States. 

Alexander  v.  Union  Surety  &  Guaranty  Co.,  11  Am.  B.  R.  33;  89  N.  Y.  App.  Div.  3. 

And  leave  of  court  not  necessary  (s.  c).     Defaulting  trustee  proper,  but  not  necessary 

party  (s.  c). 

Action  on  trustee's  bond  may  be  brought  though  no  order  was  made  directing  absconding 

trustee  to  account. 

Scofield  v.  U.  S.  ex  rel.  Bond  (C.  C.  A.  6th  Cir.).  33  Am.  B.  R.  359;  174  Fed.  1. 


FOKMS  IN  BANKKUPTGY. 


2-ii 


FORM  No.  155. 

TRUSTEE'S  FIRST  REPORT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


Bankrupt. 


y      No. 


To 

,  Esq., 

Referee  in  Bankruptcy. 

I,    ,  do  hereby  make  and  file  my  first  report  as 

trustee  of  the  estate  of  the  above  named  bankrupt: 

1.  On   ,  19.  .,  I  was  appointed  trustee 

of  the  estate  of  the  above  named  bankrupt  and  required  to  file  a  bond  in  the 

penalty  of  $ I  have  duly  qualified  by  filing  a  bond 

in  the  penalty  required,  and  am  now  acting  as  such  trustee. 

2.  That  upon  entering  upon  my  duties,  I  prepared  a  complete  inventory 

of  all  the  property  of  the  bankrupt  estate  consisting  of 

f 

[Here  enumerate  property,  location,  encumbrances,  etc.,  and  proceedings  taken 
in  reference  to  same  or  to  reduce  to  cash.] 

3.  That  I   have  retained   as  my  counsel,    ,   Esq., 

and  directed  him  to  attend  to  the  following  matters :  


4.     That  I  desire  instructions  as  to  the  following: 


5.     That  I  have  on  hand  in  cash  dollars,  which  is  de- 
posited in  the   ,  a  designated  depository  of  this 

court,  and  that  said  sum  is  sufficient  for  a  first  dividend  of 


242 


FORMS  IN  BANKRUPTCY 


per  cent,  upon  the  claims  filed  and  allowed  herein,  for  the  declaration  and 
payment  of  which,  I  do  hereby  apply. 

Dated , , 19. .. 

Respectfully  submitted, 


Trustee. 


(Verification,  if  desired,  or  required.) 


FORM  No.  156. 

[Official.] 
TRUSTEE'S  REPORT  OF  EXEMPTED  PROPERTY. 


In  the  District  Court  of  the  United  States  for  the 

of  

In  Bankruptcy. 


District 


In  the  Matteb 

OF 


Bankrupt. 


At ,  on  the day  of ,  19 . . . 

The  following  is  a  schedule  of  property  designated  and  set  apart  to  be  re- 
tained by  the  bankrupt  aforesaid,  as  his  own  property,  under  the  provisions 
of  the  Acts  of  Congress  relating  to  bankruptcy. 


General  head. 

Particular  description. 

Value. 

Military  uniform,  arms,  and  equip- 
ments   

Dolls. 

Cts. 

Property  exempted  by  state  laws. . 

Trustee. 


FOKMS  IN  BANKRUPTCY.  243 

NOTES. 

Act,  sees.  6,  47. 
General  Order  XVII. 
In  re  McClintock,  13  Am.  B.  R.  606. 
la  re  Camp.  1  Am.  B.  R.  165 ;  91  Fed.  749. 
In  re  Grimes,  2  Am.  B.  R.  730;  96  Fed.  529. 

In  re  Friedrich  (C.  C.  A.  7th  Cir.).  3  Am.  B.  R.  801;  100  Fed.  284;  40  C.  C.  A.  378. 
Burke  v.  Guarantee  Title  &  Trust  Co.  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  31;  134  Fed. 
562;  67  C.  C.  A.  486. 

When  exceptions  to  report  filed  too  late. 

In  re  Amos,  19  Am.  B.  R.  804. 

Exemptions  must  be  claimed  in  bankrupt's  schedules. 

In  re  Nunn,  2  Am.  B.  R.  664. 

Trustee  may  refuse  to  set  apart 

In  re  Ellis,  10  Am.  B.  R.  754. 

Trustee's  action  thereon  not  final. 

In  re  White,  4  Am.  B.  R.  613;  103  Fed.  774. 

See,  Notes  Form  No.  98. 


244 


FORMS  IN  BANKRUPTCY. 


FORM  No.  157. 

EXCEPTIONS  TO  TRUSTEE'S  REPORT  SETTING  OFF   EXEMPTIONS. 

In  the  District  Court  of  the  United  States  for  the  District 

of  

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


Now  comes    ,  of    ,  a  creditor  of  the 

above  named  bankrupt,  and  excepts  to  the  trustee's  report  setting  off  said 
bankrupt's  exemptions,  filed  herein  on  the day  of , 

19.  .,  in  that  such  report  sets  off  to  said  bankrupt  the  following: 


for  the  following  reasons: 


and  prays  that  a  hearing  may  be  had  upon  such  exceptions  and  that  the 
same  may  be  argued,  as  provided  in  General  Order  XVII. 
Dated, , , , ,19... 


Excepting  Creditor. 


NOTES. 

Exceptions  to  trustee's  report  on  exemptions. 
In  re  Col  ton  &  Preston,  23  Am.  B.  R.  586. 
(See,  Notes  Form  No.  98.) 


fokMkS  1^  ba:nkkuptgy. 


245 


FORM  No.  158. 

ORDER   ALLOWING  EXEMPTIONS  AFTER   TRUSTEE'S   REPORT. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


V    No. 


The  trustee  herein  having,  more  than  twenty  days  since,  filed  his  report  of 
exempted  property,  in  accordance  with  General  Order  XVII,  and  no  ex- 
ceptions having  been  taken  thereto,  now,  on  motion  of 

Esq.,  attorney  for  said  bankrupt,  it  is 

Ordered,  that  said  trustee's  report  of  exempted  property  be,  and  the  same 
hereby  is,  in  all  things  confirmed,  and  the  bankrupt's  claim  to  exemptions  is 
hereby  determined  accordingly; 

That  the  property  specified  in  such  report  be  delivered  to  said  bankrupt 
forthwith. 

Dated , , , ,19... 


Referee  in  Bankruptcy, 


2^6  FORMS  IN  BANKRUPTCY. 


FORM  No.  159. 

PETITION  TO  REJECT  ASSETS  AS  BURDENSOME. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


y    No. 


To 


,  Esq., 

Referee  in  BanJcruptcy. 
Your  petitioner  respectfully  shows: 
That  he  is  the  trustee  herein  duly  qualified  and  acting. 
That  a  portion  of  such  bankrupt's  estate  consists  of  the  following  property ; 


That  your  petitioner  has  investigated  the  value  of  such  property  and  finds 
the  same  to  be  worthless,  for  the  following  reasons : 

That  it  will  be  for  the  benefit  of  said  estate  that  your  petitioner  be  instructed 
to  reject  such  property  and  to  refuse  to  take  the  same  into  his  possession. 

That  no  previous  application  has  been  made  for  the  order  hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  an  order  permitting  him  to  disclaim 
title  to  such  property  and  to  reject  same  as  worthless  and  burdensome. 


Petitioner. 
(Verification.) 


FORMS  IN  BANKRUPTCY. 


247 


FORM  No.  160. 

ORDER  ALLOWING  TRUSTEE  TO  REJECT  ASSETS  AS    BURDENSOME. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


bankrupt. 


V     No. 


The  trustee  herein  having  made  application  for  an  order  permitting  him 
to  reject  as  worthless  and  burdensome  certain  property,  and  to  refuse  to  take 
the  same  into  his  possession,  and  it  appearing  that  such  order  should  be 
granted ; 

Now,  on  motion  of ,  Esq.,  attorney  for  said  trustee,  it  is 

Ordered,  that ,  the  trustee  herein,  be,  and  he  hereby  is, 

authorized  and  directed  to  reject  the  following  described  property,  and  to 
refuse  to  take  the  same  into  his  possession,  viz. : 

Dated, , ,  19. .. 


Referee  in  Bankruptcy. 


NOTES. 


Burdensome  property. 

Trustee  not  bound  to  take  property  which  may  involve  him  in  litigation. 
Oldmixon  v.  Severance,  18  Am.  B.  R.  823;  117  N.  Y.  App.  Div.  921. 
In  re  Cogley,  5  Am.  B.  R.  731 ;  107  Fed.  73. 
In  re  Scheerman.  2  X.  B.  N.  Rep.  118. 
May  abandon  claim  where  result  is  doubtful. 
In  re  Harper  (D.  C.  N.  Y.).  175  Fed.  412. 
What  not  an  abandonment. 
In  re  Wiseman  and  Wallace,  20  Am.  B.  R.  293. 
Property  mortgaged  beyond  value. 

Equitable  Loan  &  Security  Co.  v.  Moss  &  Co.  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R.  Ill; 
125  Ff'd.  r.OO;  r.O  0.  C.  A.  345. 


248  FORMS   IN   BANKRUi'TCY. 

In  re  Jersey  Island  Packing  Co.  (C.  C.  A.  9th  Cir.),  14  Am.  B.  R.  689;  138  Fed.  635; 
71  C.  C.  A.  75. 

Has  no  application  to  concealed  property. 

First  Nat.  Bank  v.  Lasater  (U.  S.  Sup.),  13  Am.  B.  R.  698;  196  U.  S.  115;  49 
L.  Ed.  408. 

Effect  of  order  is  to  revest  title  in  bankrupt. 

Sessions  v.  Romadka,  14o  U.  S.  29;  36  L.  Ed.  609. 


FORM  No.  161. 

PETITION  BY  TRUSTEE  TO   CONTINTJE  BUSINESS  OF  BANKRUPT. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


To ,  Esq., 

Eeferee  in  Bankruptcy. 

The  petition  of ,  respectfully  alleges  and  shows : 

1.  That  on  or  about  the  ....   day  of   ,  19. .,  he  was  duly  ap- 
pointed trustee  in  bankruptcy  of   ,  the  bankrupt  above 

named,  and  required  to  file  a  bond  in  the  penalty  of  $  That 

your  petitioner  duly  qualified  as  such  trustee  by  filing  a  bond  in  the  penalty 
required ;  that  he  has  continued  to  act  and  is  now  acting  as  such  trustee. 

2.  That  said ,  was  engaged  in 

and  his  place  of  business  was  at 

That  situated  on  these  premises  is  a  complete  outfit  for  the  manufacture  of 
,  consisting  of  machinery  of  various  kinds  and  mate- 
rials to  be  used  for  manufacture.  That  pursuant  to  the  authority  conferred 
by  an  order  of  this  court,  your  petitioner,  heretofore  as  temporary  receiver, 
carried  on  the  business  of  the  bankrupt ;  that  at  the  time  of  the  appointment 
of  your  petitioner  as  trustee  herein,  the  business  of  the  bankrupt  was  being 


FORMS  IN  BANKRUPTCY.  249 

conducted  in  the  usual  manner,  and  your  petitioner  believes  that  it  is  for 
the  best  interests  of  the  estate  that  the  business  be  further  continued  under  his 
direction  as  trustee. 

3.  That  the  bankrupt  has  offered  terms  of  composition  to  his  creditors  and 
is  now  engaged  in  endeavoring  to  perfect  said  composition.  That  your  peti- 
tioner verily  believes  that  the  business  of  the  bankrupt  will  be  greatly  injured 
if  the  said  factory  were  closed  at  this  time,  and  your  petitioner  further  believes 
that  it  would  be  for  the  best  interests  of  the  bankrupt  and  the  creditors  that 
he  be  allowed  to  continue  the  business  in  the  ordinary  way  for  a  period  of 

days. 

Wherefore,  your  petitioner  would  respectfully  pray  that  an  order  be  made 
herein,  authorizing  your  petitioner  to  carry  on  the  business  of  the  bankrupt, 

in  his  discretion,  for  a  period  of days  from  the  date  of  the  said 

order. 


Petitioner. 
(Verification.) 


FORM  No.  162. 

ORDER   AXLOWING   TRUSTEE   TO   CONTIITDE   BUSINESS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


>    No. 


bankrupt. 


On  reading  and  filing  the  annexed  petition  of ,  the  trustee 

of  the  estate  of  the  above  named  bankrupt,  verified    ,  19.., 

and  on  motion  of ,  attorney  for  the  said  trustee,  it  is 

Ordered  that  ,  the  said  trustee,  be  and  he  is  hereby  au- 


250  FORMS  IN  BANKRUPTCY. 

thorized,  in  his  discretion,  to  continue  the  business  of  the  said  bankrupt,  for  a 

period  of days  from  the  date  of  this  order. 

Dated, , ,19... 


Referee  in  Bankruptcy. 


FORM  No.  163. 

TRUSTEE'S  BILL  OF  SALE. 

Know  all  men  by  these  presents, 

That,  I,  ,  as  trustee  in  bankruptcy  of , 

party  of  the  first  part,  for  and  in  consideration  of  the  sum  of 

dollars  lawful  money  of  the  United  States,  to  me  in  hand  paid,  at  or  before 

the  ensealing  and  delivery  of  these  presents  by   ,  of  the  City 

of  ,  party  of  the  second  part,  the  receipt  whereof  is 

hereby  acknowledged,  have  bargained  and  sold,  and  by  these  presents  do  grant 
and  convey,  unto  the  said  party  of  the  second  part,  his  executors,  administra- 
tors and  assigns,  all  my  right,  title  and  interest  in  and  to  all  the  personal 
property,  consisting  of   


of ,  bankrupt,  situated  at ,  County, , 

as  contained  in  Schedule  "  A  "  hereto  annexed,  (subject  to  all  existing  liens 
and  encumbrances  thereon.) 

To  have  and  to  hold  the  same  unto  the  said  party  of  the  second  part,  his 
executors,  administrators  and  assigns  forever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the day 

of ,  in  the  year  one  thousand  nine  hundred  and 

Signed,  Sealed  and  Delivered 

in  the  Presence  of: 


As  trustee  in  bankruptcy 
of 


Schedule '  "  A  "  of  foregoing  Bill  of  Sale : 


[Acknowledgment.  ] 


FORMS  IN  BANKRUPTCY.  251 


FORM  No.  164. 

TRUSTEE'S  DEED. 

Know  all  men  by  these  presents : 

This  Indenture,  made  this  ....  day  of ,  in  the  year  One  thousand 

nine  hundred  and ,  between ,  as  trustee  in  bankruptcy 

of  the  estate  of ,  a  bankrupt,  of  the  City  of , 

County  of ,  and  State  of ,  party  of  the  first  part, 

and   ,  of  the  same  place,  party  of  the  second  part, 

Witnesseth : 

That  whereas,  a  petition  in  involuntary  bankruptcy  was  filed  in  the  Dis- 
trict Court  of  the  United  States  for  the District  of , 

on  the day  of ,  19 .  . ,  against ,  and 

Wliereas,  the  said  ,  was  duly  adjudicated  a  bank- 
rupt on  said  petition  on  the  ....  day  of ,  19 .  . ,  and  the  said 

,  thereafter  was  duly   appointed   trustee  of  the   estate 

of  the  said  bankrupt  on  the  ....  day  of ,  19 .  .,  and  thereafter 

duly  qualified,  and  has  continued  to  act  and  is  now  acting  as  such  trustee;  and 

Whereas,  tlie  said^ ,  as  trustee  in  bankruptcy  of  the  estate 

of ,  bankrupt,  was  duly  authorized  after  notice  to  the  mortgage 

bondholders,  lienors  and  creditors,  by  an  order  of ,  Esq., 

Referee  in  Bankruptcy,  dated   ,  19.  .,  to  sell  and  convey 

the  property  hereinafter  mentioned  at  public  auction,  free  and  clear  of  liens 

except  taxes,  and  the  said  sale  having  been  duly  held,  at  , 

,  on  the  ....   day  of   ,  19 .  . ,  and  the  said 

sale  having  thereafter  been  confirmed  by  an  order  of  , 

Esq.,  Referee  in  Bankruptcy,  dated  the  ....  day  of ,  19. ., 

Now,  therefore,  know  ye,  that  I,  the  said   ,  as  trustee  in 

bankruptcy  of ,  bankrupt,  by  virtue  of  the  power  and  au- 
thority in  me  vested,  as  aforesaid,  and  in  consideration  of  the  sum  of 

($ ) ,  to  me  in  hand  paid  by  the 

said ,  party  of  the  second  part,  the  receipt  whereof 

is  hereby  acknowledged,  do  hereby  give,  grant,  bargain,  sell  and  convey  unto 

the  said   ,  his  heirs  and  assigns  forever,  All  those 

certain  tracts  or  parcels  of  land,  with  the  buildings  thereon  standing,  situated 

in  the  town  of ,  county  of ,  State  of 

,  and  bounded  and  described  as  follows,  to  wit : 

[Insert  description.] 

Together  with  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging  or  in  any  wise  appertaining,  and  the  reversion 


252 


FORMS  IN  BANKRUPTCY. 


and  reversions,  remainder  and  remainders,  rents,  issues  and  profits  thereof, 
to  have  and  to  hold  the  said  above  granted  premises  with  the  appurtenances 
thereof,  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns  forever, 
to  his  or  their  own  proper  use  and  behoof  as  fully  and  absolutely  as  the  said 
party  of  the  first  part  can  and  ought  to  do  pursuant  to  the  Statute  and  his 
authority  as  aforesaid. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his  hand 
and  seal  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered 

in  the  presence  of :  

[Acknowledgment.]  As  Trustee  in  Bankruptcy,  etc. 


FORM  No.  165. 

TRUSTEE'S   AFFIDAVIT   UPON  ASSESSMENT   FOR   PERSONAL    TAXES 

AGAINST  ESTATE. 


In  Matter    of    the    assessment   of 

for    personal   taxes 

by   the   City   of    


:]''■ 


state  of  

County  of    

,  being  duly  sworn,  deposes  and  says : 

1.  That  he  is  the  trustee  in  bankruptcy  of ,  (a 

corporation  organized  and  existing  under  and  by  virtue  of  the  laws  of  the 

State  of ) .     That  on  or  about  the  ....  day  of ID... 

tlie  said  (corporation  of)    was  duly  adjudged  a  bankrupt  in 

the  District  Court  of  the  United  States  for  the District  of 

,  and  thereafter  ceased  to  carry  on  business. 

2.  That  deponent  duly  qualified  as  trustee  herein  on  the day  of 

,19... 

3.  That  on  the day  of ,  19-  •,  [the  tax  date]  the 

said  (corporation  of)    was  insolvent  and  the  amount  of  his 

(its)  liabilities  greatly  exceeded  his  (its)  assets,  and  had  no  taxable  property. 
That  in  view  of  the  above  facts,  deponent  would  respectfully  pray  that  the 

assessment  of  the  above  named  (corporation  of)   for  personal 

taxes  for  the  year  19.  .,  of  $ ,  be  vacated  and  cancelled  upon  the 

tax  books  or  assessment  rolls. 


Sworn  to  before  me 
....  dav  of  .  . . 


this  ] 
10...  \ 


FORMS  IN  BANKRUPTCY. 


253 


FORM  No.  166. 

NOTICE  OF  ADOPTION  OF  LEASE  BY  TRUSTEE. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Mattes 

OP 


JBankrtipt. 


>    No. 


To : 

You  will  please  take  notice  that  the  undersigned  trustee  in  bankruptcy  of  the 
above  named  bankrupt,   does  hereby  elect  to   adopt  the  lease  of  premises 

No ,  Street,  City  of ,  and  formerly 

occupied   by  the   bankrupt  herein,  said  lease  bearing  date  the    . .  .    day   of 

,  19 .  . ,  between  ,  as  lessor,  party  of  the  first 

part,  and    ,  as  lessee,  party  of  the  second  part,  for  the 

period  terminating  on  the  ....  day  of ,  19. .,  the  date  of  the  ex- 
piration of  said  lease,  at  the  rentals  reserved  in  said  lease. 

Dated, , ,  19... 


Trustee  in  Bankruptcy  of 


NOTES. 

A  trustee  liable  upon  quantum  meruit  for  use  and  occupation  of  premises  leased  by  the 
bankrupt. 

In  re  Grignard  Lithographic  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  101 ;  155  Fed.  699. 

Assumption  or  rejection  of  lease. 

Watson  V.  Merrill  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  453;  136  Fed.  359; 69  C.  C.  A.  185. 

Assumption  of  contract  by  trustee. 

Atchison  T.  &  S.  F.  R.  R.  Co.  v.  Hurley  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  396;  153 
Fed.  503;  82  C.  C.  A.  453;  affd  U.  S.  Sup.  Ct.  213  U.  S.  126. 

Landlord  by  acceptance  of  rent  from  trustee  waives  provisions  of  lease  as  to  reentry, 
and  a  purchaser  of  the  lease  from  trustee,  so  long  as  he  complies  with  its  provisions,  takes 
it  not  subject  to  reentry  by  the  landlord. 

In  re  Fraziu  A:  Oppenheim  (D.  C.  N.  Y.),  23  Am.  B.  R.  289;  174  Fed.  713. 

Shapiro  v.  Thompson  24  Ave.  B.  R.  91. 


254  FORMS  IN  BANKRUPTCY. 


FORM  No.  167. 

PETITION  FOR  LEAVE  BY  TRUSTEE  TO  SUE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


bankrupt. 


V    No. 


To  the  United  States  District  Court, 

for  the District  of  

The  petition  of ,  respectfully  shows : 

1.  That  your  petitioner  is  the  trustee  in  bankruptcy  herein,  duly  qualified 
and  acting. 

2.  That  among  the  assets  coming  into  the  hands  of  your  petitioner  as 

trustee  was  a  certain  contract  dated ,  19 .  .,  with 

That,  as  your  petitioner  is  informed  and  verily  believes,  at  the 

time  of  the  adjudication  herein,  the  bankrupt  had  entered  upon  the  per- 
formance of  said  contract  and  completed  the  same. 

3.  That  the  said   has  been  examined  under  Section 

21a,  in  this  proceeding,  but  denies  that  there  is  any  sum  of  money  coming  to 
the  bankrupt  herein,  on  account  of  said  contract. 

4.  That  the  creditors  herein  have  requested  your  petitioner,  as  trustee,  to 

bring  an  action  against for  the  recovery  of  the  moneys 

claimed  to  be  due  this  estate  by  reason  of  said  contract,  and  your  petitioner 

has  been  advised  by  his  counsel,   ,  that  he  has  a  good  and 

valid  cause  of  action  against 

5.  That  no  previous  application  has  been  made  for  the  order  prayed  for. 
'Wherefore,  your  petitioner  prays  for  an  order  authorizing  and  permitting 

him  to  bring  an  action  in  the Court  for  the  County  of .  . .  . 

,  against  

Petitioner. 
(Verification.) 


FOKMS  m  BAJSKKUPTGY. 


255 


FORM  No.  168. 

ORDER  AUTHORIZING  TRUSTEE  TO  SUE. 


At  a  stated  term  of  the  United  States 
District  Court  for  the  Dis- 
trict of   ,  held  at  the 

United  States  Court  House,  City  of  

on  the day  of 

,  19.... 


Present : 
Hon.  . 


District  Judge. 


In  the  Matter 

OF 


JBankrupt. 


No. 


Upon  reading  and  filing  the  annexed  petition  of , 

trustee  herein,  duly  verified,  and  upon  motion  of  , 

attorney  for  said  trustee,  it  is 

Ordered,  that ,  as  trustee  in  bankruptcy  of  the  above 

named  bankrupt,  be  and  he  hereby  is  authorized  and  permitted  to  bring  an 

action  as  such  trustee  in  bankruptcy,  in  the Court  of , 

County,  against  ,  upon  the  following 

alleged  cause  of  action :   


to  recover  any  moneys  which  may  be  due  this  estate  from 


D.  J. 


NOTES. 

See.     Sees.  23  b   47  a  (2)  as  amended  1910. 
Suits  by  tnistee. 

May  maintain  suit  in  State  Court  without  first  obtaining  an  order  to  do  so  from  court 
of  his  appointment. 

Traders  Ins.  Co.  v.  Mann,  11  Am.  B.  R.  269;  118  Ga.  381. 

Chism,  Trustee  v.  Bank  of  Friars  Point,  5  Am.  B.  R.  56;  27  So.  610. 


250  FORMS  IN  BANKRUPTCY. 

In  re  McCallum.  7  Am.  B.  R.  596;  113  Fed.  393. 
Contra.     In  re  Mersman,  7  Am.  B.  R.  46. 
In  re  Phelps,  3  Am.  B.  R.  396. 

]May  raaiiitaiu  suit  to  set  aside  fraudulent  transfer  in  district  other  than  the  one  in 
which  appointed. 

Teugue  v.  Anderson  Hardware  Co.,  20  Am.  B.  R.  424;  161  Fed.  765. 

Limitations  thereon. 

Hull  V.  Burr  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  541;  153  Fed.  945;  83  C.  C.  A.  61. 

Substitution  as  plaintiff. 

Consent  of  Federal  Court  should  be  first  obtained  and  affirmatively  shown. 

Hahlo  et  al.  and  Burrit  as  trustee  v.  Cole  (N.  Y.  App.  Div.),  15  Am.  B.  R.  591. 

Patten  v.  Carley  (N.  Y.  App.  Div.),  8  Am.  B.  R.  482;  69  N.  Y.  App.  Div.  423. 

In  re  Howard,  12  Am.  B.  R.  462;  130  Fed.  1004. 

Suits  against  trustee. — Leave  to  sue  trustee. 

May  be  sued  without  first  obtaining  leave  of  court. 

In  re  Smith,  9  Am.  B.  R.  603;  121  Fed.  1014. 

When  should  not  be  granted.  -    ^ 

In  re  Schermerhorn  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  507;  145  Fed.  341 ;  76  C.  C.  A.  215. 


FORM  No.  169. 

AFFIDAVIT  OF  TRUSTEE  TO  INTERVENE. 

Court, 


Plaintiff, 
Against, 


Defendant. 


State  of 1 

County  of  '  [^^•' 

,  being  duly  sworn,  says : 

1.  That  he  is  the  trustee  in  bankruptcy  of  ,  the 

plaintiff  herein. 

2.  That  this  action  is  for  a  partnership  accounting,  and  was  commenced  by 

the  plaintiff  on  or  about ,  19 .  .  ;  that , 

Esq.,  by  an  order  dated ,  19. .,  was  appointed  receiver  of 

all  the  property,  both  real  and  personal  belonging  to  the  said  co-partnership 


FORMS  IN  BANKRUPTCY.  257 

between  the  plaintiff  and  the  defendant  herein,  and  that  the  said  receiver  is 
still  acting  as  such  receiver  and  is  in  possession  of  whatever  assets  belong  to 
said  co-partnership.  -That  an  answer  was  filed  in  said  suit  by  the  defendant, 
and  deponent  is  informed  and  verily  believes  that  this  action  is  on  the 
calendar  of  this  court  undetermined. 

3,  That  on  the   day  of   ,  19. .,  the  plaintiff  herein 

was  duly  adjudicated  a  voluntary  bankrupt,  individually  and  as  a  member  of 

the  firm  of ,  in  the  United  States  District  Court  for  the 

District  of ,  and  thereafter  at  a  meeting 

of  plaintiff's  creditors  duly  called  and  held,  deponent  was  appointed  trustee 

in  bankruptcy  of  said   ,  individually  and  as  a  member  of 

the  firm  of ,  and  has  duly  qualified  and  filed  his 

bond  in  the  penalty  required. 

4.  That  all  of  plaintiff's  rights  in  this  action  are  now  vested  by  law  in 
deponent  as  his  said  trustee  in  bankruptcy. 

Deponent,  therefore,  prays  that  he  may  intervene  and  be  substituted  as  party 

plaintiff  in  this  action  in  the  place  of  the  said ,  and  that  an 

order  to  that  effect  may  be  entered.    No  previous  application  has  been  made 
for  the  order  asked  for  herein. 
Sworn  to  before  me  this  ) 
day  of ,19..   ( 


258  FORMS  IN  BANKRUPTCY. 

FORM  No.  170. 

ORDER  ALLOWING  TRUSTEE  TO  INTERVENE. 

At  a  Stated  Term  of  the    Court 

of    ,  held  in   and  for  the   County  of 

,  at  the  Court  House,  in  the  City 

of ,  on  the day  of ,  19. . 


Present ; 
Hon. 


Justice. 


Plaintiffs 
against 

Defendant. 


Upon  reading  and  filng  the  affidavit  of ,  verified , 

19. .,  and  upon  the  annexed  consents  of  the  attorney  for  the  plaintiff  and  of 
the  attorney  for  the  defendant  herein,  it  is 

Ordered,  that ,  as  trustee  in  bankruptcy  of 

,  individually  and  as  a  member  of  the  firm  of , 

be  and  he  hereby  is  allowed  to  intervene  herein  and  is  substituted  as  party 
plaintiff  in  this  action  in  the  place  and  stead  of  the  said 

We  hereby  consent  to  the  entry  of  the  above  order. 


J. 

Attorney  for  Plaintiff. 
Attorney  for  Defendant. 


NOTES. 


Intervention  by  trustee. 

Griffin  V.  Mutual  Life  Ins.  Co.  of  N.  Y.,  11  Am.  B.  R.  622;  119  Ga.  663. 

Ninth  Nat.  Bank  v.  Moses,  11  Am.  B.  R.  772. 

May  intervene  in  action  to  foreclose  mortgage. 

In  re  Porter  &  Bros.,  6  Am.  B.  R.  259;  109  Fed.  111. 

Kessler  v.  Herklotz  (N.  Y.  App.  Div.).  22  Am.  B.  R.  257. 

A  trustee  may  take  advantage  of  failure  to  file  a  chattel  mortgage. 

In  re  Metropolitan  Store  v.  Saloon  Fixture  Co.  (D.  C.  N.  Y.),  15  Am.  B.  R.  119. 


FORMS  IN  BANKRUPTCY.  269 


FORM  No.  171. 

ORDER  DIRECTING  TRUSTEE  TO  ABANDON  LEGAL  PROCEEDINGS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 
OF 


bankrupt. 


V    No. 


Upon  all  the  papers  and  proceedings  had  in  the  above  entitled  matter, 

the  petition  of ,  trustee,  verified  the day  of 

,  19.  . .,  the  notice  to  creditors  and  bondholders,  dated , 

19.  .,  and  proof  of  due  mailing  of  said  notice,  and  a  meeting  of  creditors 

having  been  duly  held  at  the  office  of ,  referee  herein, 

on  the  ....  day  of ,  19 .  .,  and  said  creditors  having  voted  at 

said  meeting  that   ,  as  trustee  be  authorized  to  abandon 

all  legal  proceedings  relative  to  the  recovery  of 

from ,  and  authorizing  the  said , 

as  trustee,  to  abandon  all  litigation  seeking  the  recovery  of  $ 

alleged  to  have  been  unlawfully  declared  as  dividends  on  the  stock  of  the 
Company  during  the  years  19 .  .  and  19 .  .  ; 

Now,  upon  motion  of ,  attorney  for  the  trustee,  it  is 

Ordered,  that   ,  as  trustee  be  and  he  hereby  is 

authorized  to  abandon  all  legal  proceedings  seeking  to  recover  from  the  direc- 
tors of  the Company,  as  constituted  in  19.  .,  $ , 

declared  as  dividends  on  the  common  stock  of  the   Company 

by  the  directors  thereof  in    ,   19..,  by  reason  of  any  legal 

liability  on  their  part. 

Dated, ,  .  .>,. ,  19. .. 


Referee  in  Bankruptcy. 


260  FOKMS  IN  BANKRUPTCY. 


FORM  No.  172. 

ORDER  RATIFYING  ACTS  OF  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


bankrupt. 


>      No. 


A  meeting  of  creditors  having  been  held  at  the  oflfice  of  the  referee  on  the 

.  . .  .day  of ,  19. .,  and  the  trustee  of  the  estate  of  the  above 

named  bankrupt  having  appeared   at  said  meeting  and   stated   to   the   said 

creditors,  that  he  had  received  and  taken  as  such  trustee,  the  sum  of  $ 

in  full  satisfaction  of  the  claim  of  the  bankrupt  against   

of  the  City  of ,  by  reason  of  the  following : 


and  the  said  trustee  having  asked  that  his  said  acts  be  ratified  by  the  creditors 
at  said  meeting,  and  the  said  creditors  having  voted  to  ratify  his  said 
acts,  it  is 

Ordered,  that  the  acts  and  proceedings  hereinbefore  stated  to  have  been 
taken  by  the  trustee  herein,  be  and  the  same  hereby  are  in  all  respects  ratified 
and  confirmed. 

Dated,  , ,19... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY. 


261 


FORM  No.  173. 

PETITION   FOR   REMOVAL   OF   TRUSTEE. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Sankrupt. 


No. 


To  the  District  Court  of  the  United  States, 
District  of : 

The  petition  of  ,  a  creditor  of  said  bankrupt,  whose 

claim  has  been  filed  and  allowed  herein,  respectfully  represents  that  it  is  for 

the  interest  of  the  estate  of  said  bankrupt  that ,  heretofore 

appointed  trustee  of  said  bankrupt's  estate,  should  be  removed  from  his 
trust,  for  the  causes  following,  to  wit:  [Here  set  forth  the  particular  cause 
or  causes  for  which  such  removal  is  requested.] 

Wherefore,   prays  that  notice  be  served  upon  said 

,  trustee  as  aforesaid,  to  show  cause,  at  such  time  as  may 

be  fixed  by  the  court,  why  an  order  should  not  be  made  removing  him  from 
said  trust. 


Petitioner. 


(Verification.) 


NOTES. 


Act.     Sec.  2,  (17). 

General  Orders  XIII.,  XVII. 

Trustee  removable  by  the  judge  only. 

Application  made  in  the  first  instancelto  the  court  upon  notice  to  trustee.  Judge  may 
refer  to  the  referee  as  such,  or  as  special  master. 

Change  of  residence  of  trustee  not  in  itself  sufficient  ground  for  removal. 

In  re  Seider  (D.  C.  N.  Y.),  20  Am.  B.  R.  708;  163  Fed.  139. 

Joining  with  bankrupt  in  scheme  to  defraud  by  means  of  a  composition,  grounds  for 
removal. 

In  re  Wrisley  Co.  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  193;  133  Fed.  388;  66  C.  C.  A.  450. 

Trustee,  when  removed  for  cause,  denied  personal  expenses  and  commissions. 


263  FORMS  IN  BANKRUPTCY. 

In  re  Leverton  19  Am.  B.  R.  434;  155  Fed.  925. 

When  proof  of  claim  has  not  been  disallowed,  trustee  may  not  collaterally  attack  status 
of  creditor  upon  petition  for  removal. 

In  re  Roanoke  Furnace  Co.,  18  Am.  B.  R.  661 ;  152  Fed.  846. 

When  trustee  removed,  appointment  of  a  new  trustee. 

Scofield  V.  U.  S.  ex  rel.  Bond  (C.  C.  A.  6th  Cir.),  23  Am.  B.  R.  259;  174  Fed.  1. 


FORM  No.  174. 

ORDER  TO  SHOW  CAUSE  THEREON. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 

At 

To 

,  on  the 

y  No. 


day  of .,A.  D.  19... 


Trustee  of  the  estate  of ,  bankrupt : 

You  are  hereby  notified  to  appear  before  the  Judge  of  this  court,  at  the 

Court  House,  on  the day  of ,  A.  D.  19. .,  at 

o'clock  ....  M.,  to  show  cause  (if  any  you  have)  why  you  should 

not  be  removed  from  your  trust  as  trustee  as  aforesaid,  according  to  the  prayer 

of  the  petition  of ,  one  of  the  creditors  of  said  bankrupt,  filed 

in  this  court  on  the day  of ,  A.  D.  19. .,  in  which  it 

is  alleged (Here  insert  the  allegation  of  the  petition.) 


Referee   {or  Clerk.) 

NOTES. 

This  notice  is  rarely  used. 

An  order  to  show  cause  directed  to  the  delinquent  trustee  is  more  effective  and 
expeditious. 


FORMS  IN  BANKRUPTCY. 


263 


FORM  No.  176. 

ORDER  FOR  REMOVAL  OF  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y    No. 


JBankrupt. 


of ,  a  creditor  herein  having  on 

the day  of ,  A.  D.  19.  .,  presented  his  petition  to 

this  court,  praying  that  for  the  reasons  therein  set  forth, , 

the   trustee   of   the  estate  of  said    bankrupt,   might   be 

removed : 

Now,  therefore,  upon  reading  the  said  petition  of  the  said 

and  the  evidence  submitted  therewith,  and  upon  hearing  counsel  on  behalf 
of  said  petitioner  and  counsel  for  the  trustee,  and  upon  the  evidence  submitted 
on  behalf  of  said  trustee,  it  is 

Ordered,  that  the  said    be  removed  from  his  trust   as 

trustee   of  the   estate  of   said   bankrupt,    and   that   the   costs   of   the    said 

petitioner  incidental  to  said  petition  be  paid  by  said ,  trustee 

(or,  out  of  the  estate  of  the  said ,  subject  to  prior  charges). 

Witness  the  Honorable ,  Judge  of  the  said  court,  and 

the  seal  thereof,  at ,  in  said  district,  on  the 

day  of ,  A.  D.  19... 

D.J. 


204 


FORMS  IN  BANKRUPTCY. 


FORM  No.  176. 

RESIGNATION  OF  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Barikrxi'pt. 


To ,  Esq.,  Referee  in  Bankruptcy. 

Street, 

City  of  

Dear  Sir: 

I  hereby  tender  my  resignation  as  trustee  of  the  estate  of , 

bankrupt,  and  request  that  same  be  accepted.     I  herewith  file  my  report  and 
account  as  trustee. 

Respectfully  yours, 


Dated    ,   ,  19.. 

NOTES. 

Compensation  when  trustee  resigns  to  avoid  odium  of  removal. 
In  re  E.  J.  Fidler  &  Son,  23  Am.  B.  R.  16;  172  Fed.  632, 


FORMS  IN  BANKRUPTCY.  265 


FORM  No.  177. 

[Official.] 
ORDER  FOR  CHOICE  OF  NEW  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


liai^krupt. 


At ,  on  the day  of ,  A.  D.  19 . . . 

Whereas  by  reason  of  the  removal  (or  the  death  or  resignation)  of 

,  heretofore  appointed  trustee  of  the  estate  of  said  bank- 
rupt, a  vacancy  exists  in  the  office  of  said  trustee,  it  is 

Ordered,  that  a  meeting  of  tlie  creditors  of  said  bankrupt  be  held  at 

in ,  in  said  district,  on  the day  of 

A.  D.  19.  .,  for  the  choice  of  a  new  trustee  of  said  estate. 

And  it  is  further  ordered  that  notice  be  given  to  said  creditors  of  the  time, 
place  and  purpose  of  said  meeting,  by  letter  to  each,  to  be  deposited  in  the 
mail  at  least  ten  days  before  that  day. 


Referee  in  Bankruptcy. 


NOTES. 


Vacancy  in  office  of  Trustee. 

Sec.  44. 

General  Order  XXV. 

Creditors  must  be  given  opportunity  to  elect. 

In  re  Hare,  9  Ara.  B.  R.  520;  119  Fed.  246. 

In  re  Lewensolin,  3  Am.  B.  R.  299;  98  Fed.  576. 

On  reopened  estate. 

Appointment  may  not  be  collaterally  attacked. 

Fowler  v.  Jenks  11  Am.  B.  R.  255. 

Court  cannot  appoint  unless  creditors  have  failed  to  do  so. 

In  re  Newton  (C.  C.  A.  8th  Cir.),  6  Am.  B.  R.  52;  107  Fed.  439;  46  C.  C.  A.  399. 


266 


FOBMS  IN  BAII^KRUPTCy. 


FORM  No.  178. 

DEIiCAND  FOR  SECURITY  FOR  COSTS  FROM  TRUSTEE,  PLAINTIFF. 


Court, 


County  of 


..,  as  Trustee 


in  Bankruptcy  of  • 


against 


PlaintiJ^\ 


and 

■ » 

Defendants. 


Sir: 

Please  take  notice  that  the  plaintiff  herein  is  hereby  required  forthwith 
to  give  security  for  costs  in  accordance  with  the  rules  and  practice  of  this 
court  on  the  ground  that  when  this  action  was  commenced,  the  plaintiff  was 
the,  "  official  assignee  or  official  trustee  of  a  debtor,  or  an  assignee  in  bank- 
ruptcy "  in  an  action  brought  upon  a  cause  of  action  claimed  by  him  to 
have  arisen,  "  before  the  assignment,  the  appointment  of  the  trustee,  or  the 
adjudication  in  bankruptcy." 

Dated, , , ,  19... 


Attorney  for  Defendant, 
Office  and  P.  0.  Address, 

Street, 

City  of  


To  Esq., 

Attorney  for  Plaintiff, 

Street, 

City  of 


FORMS  IN  BANKRUPTCY. 


267 


FORM  No.  179. 

ORDER  REQUIRING  TRUSTEE  TO  FURNISH  SECURITY  FOR  COSTS. 

At  a  Special  Term  of  the 

Court  (Part  . . )  of  ....  held  in  the 

Court  House  in  the  City  of 

on  the day  of ,  19 . . 

Present : 

Hon , 

Justice. 

as  Trustee 

in  Bankruptcy  of 

Plaintiff, 
against 

Defendant. 


On  reading  and  filing  the  affidavit  of  duly  verified, 

and  the  annexed  demand,  with   proof  of  due  service,   and   on   motion    of 

,    attorney   for   the   defendant   herein,    and    it    appearing 

that  this  action  is  brought  upon  a  cause  of  action  arising  before  the  appoint- 
ment of  the  trustee  and  the  adjudication  in  bankruptcy  herein,  it  is 

Ordered,  that  the  plaintiff  within days  after  service  of  a 

copy  of  this  order  upon  his  attorney,  pay  into  court  the  sum  of  $250  to  be 
applied  to  the  payment  of  costs,  if  any,  awarded  against  him,  or  in  lieu  thereof, 
file  with  the  clerk  of  this  court,  an  undertaking  executed  to  the  defendant  by 
one  sufficient  surety  that  such  surety  will  pay  to  the  defendant,  upon  demand, 
all  costs  which  may  be  awarded  to  him  in  this  action,  not  to  exceed  the  sum 

of  two  hundred  and  fifty  dollars,  ($350),  and  also  within  said days  to 

serve  upon  the  attorney  for  the  defendant,  a  written  notice  of  such  payment  or 
of  the  filing  of  such  undertaking,  and  it  is 

Further  ordered,  that  all  proceedings  on  the  part  of  the  plaintiff  herein, 
except  to  review  or  vacate  this  order,  are  hereby  stayed  until  the  payment  of 
said  sum  or  the  filing  of  such  undertaking  and  notice  thereof,  and  the 
allowance  of  such  undertaking,  and  it  is 

Further  ordered,  that  the  time  of  the  defendant  to  answer,  demur,  or  other- 
wise move  with  reference  to  the  complaint  herein,  be  extended  until  ( ) 

days  after  compliance  with  the  terms  of  this  order. 

Dated, ,19... 


J. 


268  FORMS  IN  BANKRUPTCY. 

NOTES. 

Security  for  coats  (N.  Y.  Practice). 

Code  of  Civil  Procedure,  Sec.  3268  (4). 

In  a  suit  upon  a  cause  of  action  which  arose  prior  to  adjudication  trustee  must  furnish 
security  for  costs  upon  demand. 

Joseph  V.  Rafif,  9  Am.  B.  R.  227,  75  App.  Div.  447,  modf'g  Joseph  v.  IVIarkley,  8 
Am.  B.  R.  18,  73  App.  Div.  156. 

Jordan  v.  Bridges,  12  Am.  B.  R.  626,  113  Fed.  107. 

Cole  V.  Manson,  42  IST.  Y.  Misc.  149,  85  N.  Y.  Supp.  1011. 

Non  resident  trustee  may  be  required  to  furnish  under  rule  of  court. 

O-sborne  v.  Pennsylvania  R.  R.  Co.,  20  Am.  B.  R.  277. 

"When  a  trustee  sues  to  set  aside  an  alleged  fraudulent  conveyance  by  the  bankrupt, 
the  cause  of  action  is  not  one,  "  Arising  before  the  assignment,  the  appointment  of  the 
trustee  or  the  adjudication  in  bankruptcy  "  as  specified  in  Code  Civ.  Pro.  sec.  3268  (4). 

Ryker  v.  Gwynne  (N.  Y.  Sup.),  21  Am.  B.  R.  95. 

The  Second  Dept.  Appellate  Division  has  lately  laid  dovrn  a  different  rule,  viz  : 

"  A  tmstee  in  bankruptcy  suing  to  set  aside  fraudulent  conveyances  made  by  the 
bankrupt  will  be  required  to  give  security  for  costs  pursuant  to  section  3268  of  the  Code 
of  Civil  Procedure,  where  it  appears  that  more  than  six  months  before  the  adjudication  in 
bankruptcy  the  creditors  in  whose  behalf  the  trustee  sues  had  obtained  judgment  against 
the  bankrupt  and  the  execution  thereon  had  been  returned  unsatisfied  so  that  a  creditor's 
suit  could  have  been  maintained  by  them." 

Kiendl  as  Trustee,  etc.  v.  Dubroff  and  others,  (App.  Div.  2nd  Dept.),  136  N.  Y. 
App.  Div.  8. 

Citing.  Kronfeld  v.  Liebman,  78  App.  Div.  437. 

Adsit  V.  Butler,  87  N.  Y.  585. 

Prentiss  v.  Bowden,  145  N.  Y.  342. 

See  also  : 

Rielly  v.  Rosenberg,  57  App.  Div,  (N.  Y.)  408. 

Schreier  v.  Hogan,  70  App.  Div.  (N.  Y.)  2 

Thomas  v.  Roddy,  19  Am.  B.  R.  873  ;  122  App.  Div.  (N.  Y.)  851. 


FORMS  i.N   BA^KKUrTUY. 


269 


FORM  No.  180. 

[Official.] 
TRUSTEE'S   RETURN  OF  NO   ASSETS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Jiaiikriipt. 


V    No. 


At ,  in  said  district,  on  the day  of , 

A.  D.  19... 

On  the  day  aforesaid,  comes ,  of ,  in  the 

County  of and  State  of ,  and  makes 

oath  and  says  that  he,  as  trustee  of  the  estate  and  effects  of  the  above  named 
bankrupt,  has  neither  received  nor  paid  any  moneys  on  account  of  the 
estate. 


Trustee. 


Subscribed  and  sworn  to  before 

me,  at ,  this  day  of 

,  A.  D.  19... 


270  FORMS  IN  BANKRUPTCY. 


FORM  No.  181. 

TRUSTEE'S  REPORT  AND  FINAL  ACCOUNT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  thk  Matter 

OF 


bankrupt. 


No. 


To Esq.,  Referee  in  Bankruptcy : 

I,    ,  do  hereby  make  and  file  my  final  report  as 

trustee  of  the  estate  of  the  above  named  bankrupt : 

1.  At  the  first  meeting  of  creditors  of  the  above  named  bankrupt,  held  at 

the  office  of  the  referee  on ,  19. .  I  was  appointed  trustee  of 

the  estate  of  the  bankrupt  and  duly  qualified. 

2.  That  on  the day  of ,  19.  .,  I  filed  my  first  report 

herein  and  thereafter  a  first  dividend  of %  was  declared  and 

paid  to  all  creditors  herein,  whose  claims  had  been  duly  filed  and  allowed. 

3.  That  all  of  the  property  belonging  to  this  estate  has  now  been  reduced 
to  cash  and  the  administration  thereof  practically  completed. 

4.  That  the  following  matters  have  received  my  attention  since  the  date  of 
my  first  report :    


5.     My  final  account  is  hereto  annexed  and  with  vouchers  in  support  thereof. 

By  this  account  it  appears  that  I  have  received  $ and  have 

expended  $ ,  leaving   a  balance   in   my  hands   amounting   to, 

$ 

All  of  which  is  respectfully  submitted. 
Dated  ,  ,  19... 

Trustee. 


FORMS  IN  BANKRUPTCY. 


B71 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy, 

In  the  Matter 
or 


bankrupt 


V      No. 


Final  Account  of 

19 . .         I  charge  myself  as  follows : 


Trustee. 


Total 


19 . .         I  credit  myself  as  follows : 


Total 
SUMMARY. 


Total  Receipts,  $ 

Total  Disbursements,  

Balance  in  hands  of  trustee,  '  $ 

Dated , ,19... 

Trustee. 

NOTES. 

Act.  Sec.  58-a  (6). 

Accounts  of  tniatee. — Examination  of  by  referee. 

In  re  Baginsky.  Michel  &  Co.,  2  Am.  B.  R.  243. 

Must  be  complete  before  settlement  allowed. 

In  re  Carr,  8  Am.  B.  R.  635;  116  Fed.  556. 

In  re  Hoyt,  9  Am.  B.  R.  574;  119  Fed.  987. 


272  FORMS  IN  BANKRUPTCY. 

Deficiency  incurred  in  conducting  business  of  bankrupt  allowed  as  a  preferred  claim. 
In  re  Prince  &  Walter,  12  Am.  B.  R.  675;  131  Fed.  546. 

Final  account. 

Any  time  subsequent  to  four  months  after  adjudication. 

In  reEldred,  19  Am.  B.  R.  53;  155  Fed.  686. 

In  re  Bell  Piano  Co.  (N.  Y.  So.  Dist.),  18  Am.  B.  R.  183;  155  Fed.  272. 

In  re  Stein,  1  Am.  B.  R.  663 ;  94  Fed.  124. 

When  petition  to  review  should  be  dismissed. 

In  re  Scherr,  14  Am.  B.  R.  794. 


FORM  No.  182. 

[Official.] 
OATH  TO   FINAL  ACCOUNT. 

In  the  District  Court  of  the  United  States  for  the District 

of 

In  Bankruptcy. 


In  the  Matteb 
OP 


bankrupt. 


y     No. 


On  this  day  of  ,  A.  D.  19 . . ,  before  me 

comes  ,  of ,  in  the  county  of  

and  State  of ,  and  makes  oath,  and  says  that  he  was,  on 

the day  of ,  A.  D.  19 .  . ,  appointed  trustee  of 

the  estate  and  effects  of  the  above-named  bankrupt,  and  that  as  such  trustee 
he  has  conducted  the  settlement  of  the  said  estate.     That  the  account  hereto 

annexed   containing    sheets   of   paper,   the   iirst   sheet 

whereof  is  marked  with  the  letter is  true,  and  such  account 

contains  entries  of  every  sum  of  money  received  by  said  trustee  on  account  of 
the  estate  and  effects  of  the  above-named  bankrupt,  and  that  the  payments 
purporting  in  such  account  to  have  been  made  by  said  trustee  have  been  so 
made  by  him.  And  he  asks  to  be  allowed  for  said  payments  and  for  com- 
missions and  expenses  as  charged  in  said  accounts. 


Tmstee. 

Subscribed  and  sworn  to  before  me  at ,  in  said 

district  of ,  this day  of ,  A.  D.  19. 


FOKMS  1^'  BA:NKRUPTCY.  273 


FORM  No.  183. 

OBJECTIONS  TO  TRUSTEE'S  ACCOUNT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankviipt. 


V    No. 


,  a  creditor  and  person  interested  in  the  above  entitled 

estate  appearing  by ,  his  attorney,  hereby  excepts  to  the  trustee's 

account  filed  herein  in  the  following  particulars: 

I.  He  objects  to  the  following  items  of  expenditure  as  unnecessary,  unwar- 
rented  and  unlawful,  viz : 


and  asks  that  the  said  trustee  be  surcharged  therewith. 

II.     He  objects  to  said  account  on  the  ground  that  the  trustee  has  failed  to 
account  for  the  following  assets  belonging  to  this  estate : 


III.  He  objects  to  said  account  on  the  ground  that  the  said  trustee  has 
wasted  and  negligently  lost  the  following  assets  belonging  to  this  estate : 

IV.  (Set  forth  specifically  any  other  objections.) 

Wherefore, respectfully  asks  that  the  said 

account  be  not  allowed;  that  the  trustee  be  not  discharged  until  he  has 
accounted  for  the  matters  above  set  forth. 

Dated 19... 


Creditor. 
(Verification.) 


2?4  FORMS  IN  BANKRUPTCY. 

NOTES. 

Objections  to  trustee's  account. 

Trustee  bound  to  use  due  diligence  in  collecting  assets  of  estate  and  may  be  charged 
with  value  of  assets  lost  by  failure  to  use  such  diligence. 

In  re  Cadenas  and  Coe,  178  Fed.  158. 

In  re  Reinboth  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  15;  157  Fed.  672;  85  C.  C.  A.  340. 

See,  In  re  Bayley.  177  Fed.  522. 

An  order  sustaining  objections  to  a  trustee's  account  and  charging  trustee  with  losses 
reviewable  only  upon  petition  for  review  under  section  24-b. 

In  re  Moore  V.  Bridgeman  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  651. 


FORM  No.  184. 

ORDER     ALLOWING     TRUSTEE     COMPENSATION     FOR     CONTINUING 

BANKRUPT'S  BUSINESS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


Bankrupt. 


V    No. 


On  reading  and  filing  the  annexed  petition  of ,  trustee  of  the 

estate  of  the  above  named  bankrupt  verified ,  19 . .,  and  on 

motion  of attorney  for  said  trustee,  it  is 

Ordered,  that  said be  and  he  is  hereby  allowed  the  sum  of 

$ as  additional  compensation  for  conducting  the  business  of  the 

bankrupt  as  stated  in  the  annexed  petition  of  said  trustee  from  the 

day  of 19.  .,  to  the day  of ,19... 

Dated, , ,19... 


Referee  in  Bankruptcy. 

NOTES. 

Compensation  of  trustee.     Sees.  48(a),  (b),  (c),  (e),  72. 

Cross  references,  Sees.  2,  (5),  51,  (2). 

General  Order  XXXV.,  (3).     See,  Rule  XL.  So.  Dist.  of  N.  T. 

Commissions  on  "  All  monies  disbursed." 


FORMS  IN  BANKRUPTCY.  275 

Application  determined  by  law  as  it  stood  at  time  of  appointment. 

In  re  Screws,  17  Am.  B.  R.  269;  147  Fed.  989. 

No  compensation  for  legal  services  rendered  as  trustee. 

In  re  McKeuna,  15  Am.  B.  R.  4;  137  Fed.  611. 

In  re  Felson  (D.  C.  N.  Y.),  15  Am.  B.  R.  185;  139  Fed.  275. 

"Extra  compensation,"  contra. 

In  re  Halbert  ic  Co.,  13  Am.  B.  R.  399;  134  Fed.  236. 

In  re  Coventry -Evans  Furniture  Co.  (D.  C.  N.  Y.),  22  Am.  B.  R.  623;  171  Fed.  673. 

In  re  Hart  &  Co.  (D.  C.  Hawaii),  17  Am.  B.  R.  480. 

In  re  Shiebler  &  Co.  (C.  C.  A.  2nd  Cir  ),  23  Am.  B.  R.  162;  174  Fed.  336. 

"  Extra  compensation,"  Pro. 

In  re  Plumner  (D.  C.  K  Y.),  3  Am.  B.  R.  320. 

In  re  Pequod  Brewing  Co.  (D.  C.  N.  Y.),  18  Am.  B.  R.  352. 

In  re  Dimm  &  Co.  (D.  C.  Pa.).  17  Am,  B.  R.  119;  146  Fed.  402. 

[Question  of  extra  compensation  is  now  fixed  by  Amendments  of  1910, 
Sees.  48  (e)  72  as  amended.] 

In  encumbered  properly. 

In  re  Sanford  Furniture  Mf'g  Co.,  11  Am.  B.  R.  414;  126  Fed.  888. 

In  re  Muhlhauser  Co.,  9  Am.  B.  R.  80. 

In  re  Cramond  (D.  C.  N.  Y.).  17  Am.  B.  R.  22;  145  Fed.  966. 

When  no  surplus. 

Smith  V.  Township  of  Au  Gres  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  745;  150  Fed.  257; 
80  C.  C.  A.  145. 

In  re  Boulier  Cornice  and  Roofing  Co.,  13  Am.  B.  R.  585;  133  Fed.  958. 

None  on  secured  creditors  claim. 

In  re  Anders  Push  Button  Telephone  Co.  (D.  C.  N.  Y.).  13  Am.  B.   R.  643;  136  Fed. 


995. 


214. 


"When  entitled  to  full  commissions. 

In  re  Morse  Iron  Works  and  Dry  Dock  Co.  (D.  C.  N.  Y.),  18  Am.  B.  R.  846;  154  Fed. 

Court  has  no  power  to  fix  trustee's  extra  compensation  in  advance  of  services. 

In  re  W.  W.  Russell  Card  Co.,  23  Am.  B.  R.  300;  174  Fed.  202. 

Commissions  on  exempt  property. 

In  re  Castleberry  (D.  C.  Ga.),  16  Am.  B.  R.  430;  143  Fed.  1018. 

Trustee  removed  for  misconduct  denied  compensation. 

In  re  Leverton  (D.  C.  Pa.).  19  Am.  B.  R.  434;  155  Fed.  931. 

Contract  for  extra  compensation  made  with  creditor  void  as  against  public  policy. 

Devries  v.  Orem  (Ct.  of  App.  Md.),  17  Am.  B.  R.  876;  65  Atl.  430. 


276 


FORMS  IN  BANKRUPTCY. 


FORM  No.  185. 

TRUSTEE'S  FINAL  REPORT. 


United  States  District  Court, 

District  of  .  . . 

In  Bankruptcy. 


In  the  Mattee 

OP 


Bankrupt. 


y  No. 


To Esq.,  Referee  in  Bankruptcy : 

I, ,  trustee  in  bankruptcy  of  the  above  named  bankrupt 

do  hereby  report  that  on  the day  of 19 .  . ,  an  order 

was  duly  made  herein  passing  my  accounts  as  trustee  herein  and  directing  me 
to  make  certain  payments,  and  that  pursuant  to  said  order  I  have  made  the 
payments  directed  therein  and  file  herewith  the  vouchers  in  support  thereof. 

I  further  report  that  there  are  now  no  assets  in  my  hands  as  trustee  and  no 
other  assets  are  discoverable. 

Wherefore,  I  respectfully  pray  that  an  order  be  made  herein  discharging  me 
of  my  trust  and  cancelling  my  bond. 

Dated, , ,  19. .. 


Trustee. 


(Verification.) 


FORMS  IN  BANKRUPTCY. 


FORM  No.  186. 

ORDER  DISCHARGING  TRUSTEE. 


United  States  District  Court, 

District  of  .  . . . 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt, 


V    No. 


An  order  having  been  heretofore  made  in  this  proceeding  passing  the  account 
of ,  the  trustee  herein,  and  directing  him  to  make  cer- 
tain payments,  and  the  said  trustee  having  filed  in  the  office  of  the  referee  his 
final  report,  with  the  vouchers  in  support  thereof,  showing  that  the  payments 
directed  by  said  order  have  been  duly  made,  and  that  he  has  no  further  assets 
in  his  hands  and  none  are  discoverable,  it  is 

Ordered,  that  the  said  report  be  and  the  same  hereby  is  allowed  as  filed,  and 
the  said  trustee  hereby  discharged  of  his  trust,  and  his  bond  as  trustee  directed 
to  be  cancelled. 

Dated, , ,19... 


Referee  in  BanJcruptcij. 
NOTES. 

Power  to  vacate  order  discharging  trustee. 

Brown  v.  Persons  (C.  C.  A.  3rd  dr.),  10  Am.  B.  B.  416;  123  Fed.  212;  58  C.  C.  A. 
658. 


TITLE  YI. 

EXAMINATION    OF  WITNESSES    AND    DEPOSITIONS 

DE  BENE  ESSE. 


FOBM  No.  187.  Petition  by  Eeceiver  for  Examination  under  Sec.  21a  before  Spe- 
cial Commmissioner. 

188.  Order  for  Examination. 

189.  Order  for  Examination  of  Bankrupt. 

190.  Petition   by    Trustee   for   Order   of    Examination,   and   that    Subpoena 

issue. 

191.  Order  for  Same. 

192.  Petition  tiiat  U.  S.  Marshal  produce  Prisoner  for  Examination. 

193.  Order  thereon. 

194.  Subpoena  to  appear  before  Special  Commissioner. 

195.  Subpoena  Ticket. 

196.  vSummons  to  appear  before  Eeferee. 

197.  Subpoena  duces  tecum. 

198.  Return  of  Summons  to  Witness. 

199.  Examination  of  Bankrupt  or  Witness. 

200.  Notice  of  taking  Deposition   (de  bene  esse). 

201.  Deposition    {de  bene  esse). 

202.  Certificate  of  Commissioner  or  Notary  Public  thereon. 

FORM  No.  187. 

PETITION    BY     RECEIVER     FOR     EXAMINATION     UNDER     SEC.     21-a 
BEFORE  SPECIAL  COMMISSIONERS. 

United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


y    No. 


To  the  District  Court  of  the  United  States, 
for  the District  of 

27S 


FORMS  IN  BANKRUPTCY.  279 

The  petition  of respectfully  shows  and  alleges : 

1.  That  on  or  about  the day  of ,  19 .  .,  a  petition 

in  involuntary  bankruptcy  was  filed  by  certain  creditors  against  the  above 
named  bankrupt  and  on  said  day  your  petitioner  was  duly  appointed  temporary 
receiver  in  bankruptcy  and  has  duly  qualified  and   is  now   acting  as   such 

receiver.     (That  an  order  of  adjudication  was  entered  herein  on  the 

day  of 19...) 

2.  That  the  assets  belonging  to  the  estate  consist  of  the  following : 


and  your  petitioner  has  had  considerable  difficulty  in  collecting  and  obtaining 
possession  of  same;  and  although  he  has  endeavored  to  ascertain  the  exact 
condition  of  this  property  and  other  matters  pertaining  to  the  bankruptcy 
proceedings  from  the  bankrupt,  he  has  been  unable  either  to  get  possession  of 
the  books,  or  to  acquire  sufficient  information  to  enable  him  to  proceed  with 
the  collection  of  the  accounts. 

3.  That of and 

of   were  employees  of   (or  had  business  relations)   with 

the  bankrupt  and  your  petitioner  believes  have  certain  information  of  value  to 
the  administration  of  this  estate. 

4.  That  without  an  early  examination  of  the  designated  persons,  concern- 
ing the  acts,  conduct  and  property  of  the  bankrupt  whose  estate  is  in  process 
of  administration,  your  petitioner  fears  he  will  have  great  difficulty  in  collect- 
ing the  outstanding  accounts,  recovering  property  and  otherwise  properly 
administering  the  estate.  

Wherefore,  your  petitioner  prays  for  an  order,  under  Section  21-a  of  the 

United  States  Bankruptcy  Act,  requiring and 

to  appear  before  a  special  commissioner  of  this  court  and  be  examined  con- 
cerning the  acts,  conduct  and  property  of  the  bankrupt  whose  estate  is  in 
process  of  administration. 


Petitioner. 
(Verification.) 


280  FORMS  IN  BANKRUPTCY. 


FORM  No.  188. 

OKDER  FOR  EXAMINATION  THEREON. 

At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the   

District  of  held  at  the 

United  States  Court  House,  City  of , 

on  the day  of 19 .  . . 


Present : 

Hon 

District  Judge. 


In  the  Matteb 

OF 


Bankrupt. 


On  reading  and  filing  the  petition  of ,  temporary 

receiver  herein,  verified  the   day  of   ,  19 .  .,  the 

petition  in  bankruptcy  and  all  the  proceedings  heretofore  had  herein  and 

sufficient  reason  appearing  to  me  therefor,  on  motion  of , 

attorney  for  said  receiver,  it  is 

Ordered,  that  ,  of ,  appear  before 

Esq.,  who  is  hereby  appointed  Special 

for  that  purpose,  and  be  examined  concerning  the  acts,  conduct  and  the 
property  of  the  said  bankrupt,  whose  estate  is  in  process  of  administration,  and 
the  clerk  of  this  Court  is  hereby  authorized  to  issue  a  subpoena  to  secure  the 
attendance  of  such  witness. 


Z>.  J, 

NOTES. 

Ezamination  of  witnesBes.     Sec.  21-a.  7  (9). 

Cross  References.     Sees.  20.  38(2)  (5)  39  (5)  (9)  41a  (3)  (4)  58a  (1). 

General  Orders  IV.  X,  XII  (1),  XXII. 

Authority  for  Examination  under  21-a. 

The  Circuit  Court  of  Appeals  for  the  third  Circuit  has  held  that  such  examination  is 


FORMS  IN  BANKRUPTCY.  281 

not  authorized  prior  to  adjudication  on  the  theory  that  until  then,  the  estate  is  not  in 
"  Process  of  administration." 

Skubinsky  v.  Brodek  et  al..  22  Am.  B.  R.  689;  172  Fed.  332. 

To  same  effect.  In  re  Crenshaw  (D.  C.  Ala.),  19  Am.  B.  R.  266;  155  Fed.  271.  In  re 
Davidson  (D.  C.  Mass.),  19  Am.  B.  R.  833;  158  Fed.  678. 

Contra.     In  ru  Fleischer  (D.  C.  N.  Y.),  18  Am.  B.  R.  194;  151  Fed.  81. 

Within  discretion  of  Court. 

In  re  Andrews,  12  Am.  B.  R.  267;  130  Fed.  383. 

Special  Commissioner  may  administer  oath  to  witness. 

Wechsler  v.  U.  S.,  19  Am.  B.  R.  1 ;  158  Fed.  579;  86  C.  C.  A.  37. 

When  application  to  be  made  to  Referee. 

In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  11;  134  Fed.  51;  67  C.  C.  A.  161. 

Who  may  apply  for  examination. 

The  bankrupt,  creditor  or  any  officer  may  apply.     "Officer"  includes  receiver. 

In  re  Fi.xen,  2  Am.  B.  R.  822;  96  Fed.  748. 

Even  though  creditor  has  not  proved  his  claim. 

In  re  Rose,  19  Am.  B.  R.  169. 

In  re  Walker,  3  Am.  B.  R.  35;  90  Fed.  550. 

In  re  Jehu,  2  Am.  B.  R.  498;  94  Fed.638. 

In  re  Samuelsohn,  23  Am.  B.  R.  528;  174  Fed.  911. 

See  Collier  on  Bankruptcy  (7th  Ed.),  522. 

But  not  before  adjudication  in  some  states. 

In  re  Davidson  (Mass.),  19  Am.  B.  R.  833;  158  Fed.  678. 

In  re  Andrews,  12  Am.  B.  R.  267;  130  Fed.  383. 

See,  In  re  Kuffler,  18  Am.  B.  R.  587:  153  Fed.  667. 

After  estate  is  closed,  examination  of  third  persons  cannot  be  had. 

In  re  Cobb.  7  Am.  B.  R.  104. 

In  re  Sumner,  4  Am.  B.  R.  123;  101  Fed.  224. 

Who  may  be  examined. 
Any  designated  person. 

In  re  Pursell.  8  Am.  B.  R.  96;  114  Fed.  371. 

People's  Bank  v.  Brown  (C.  C.  A.  3rd  Cir.),  7  Am.  B.  R.  475;  112  Fed.  652;  50  C.  C. 
A.  411. 

Person  liable  to  suit  may  be  examined. 

In  re  Cliffe,  3  Am.  B.  R.  257;  97  Fed.  540. 

Examination  of  wife  of  bankrupt  since  amendment  of  1903. 

What  latitude  allowed. 

In  re  Worrell.  10  Am.  B.  R.  744;  125  Fed.  159. 

Validity  of  Order. 

In  re  Howard,  2  Am.  B.  R.  582;  95  Fed.  415. 

Witness  not  entitled  to  counsel  as  matter  of  right. 

In  re  Cobb,  7  Am.  B.  R.  104.     In  re  Howard  (»upra). 

In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.)  {supra). 

Bankrupt  entitled  to  counsel. 

In  re  Hark  Bros.,  14  Am.  B.  R.  624;  134  Fed.  986. 

Ancillary  Order  for  Examination  authorized. 

In  re  Sutter  Bros.,  (D.  C.  N.  Y.),  11  Am.  B.  R.  632;  181  Fed.  654. 

In  re  Sturgeon  (C.  C.  A.  2d  Cir.),  14  Am.  B.  R.  681;  139  Fed.  608;  91  C.  C.  A.  592. 

In  re  Madison  Steele  Co.  (Elkus  Petitioner,  (U.  S.  Sup.),  citing  Babbitt  v.  Dutcher),  23 
Am.  B.  R.  614. 
Contra. 

In  re  Williams,  10  Am.  B.  R.  538;  123  Fed.  321. 

Scope  of  examination. 
Great  latitude  allowed. 


282  FORMS  IN  BANKRUPTCY. 

In  re  Horgan  &  Slattery  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  253;  98  Fed.  414;  39  C.  C.  A. 
118;  all'g,  s.  c.  97  Fed.  319.     In  re  Foerst,  1  Am.  B.  R.  259;  93  Fed.  190. 
In  re  Pittner,  2  K  B.  N.  Rep.  915. 
In  re  Carley,  5  Am.  B.  R.  554 ;  106  Fed.  862. 
In  re  Hayden,  1  Am.  B.  R.  670;  96  Fed.  199. 
In  re  Brundage,  4  Am.  B.  R.  47;  100  Fed.  613. 
In  re  Fixen,  2  Am.  B.  R.  822  ;  96  Fed.  748. 

Wechsler  v.  U.  S.  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  1 ;  158  Fed.  579;  86  C.  C.  A.  37. 
Examination  not  extended  to  property  acquired  after  filing  of  petition. 
In  re  Hayden  (supra). 
In  re  White,  2  N.  B.  N.  Rep.  536. 
But  see,  In  re  "Walton,  1  N.  B.  N.  533. 

Criminating  questions. 

In  re  Kanter  &  Cohen,  9  Am.  B.  R.  104;  117  Fed.  356. 

In  re  Hooks  Smelting  Co.,  15  Am.  B.  R.  83;  138  Fed.  954;  In  re  Scott,  1  Am.  B.  R. 
49;  95  Fed.  815;  In  re  Rosser.  2  Am.  B.  R.  755;  96  Fed.  305;  In  re  Hathorn,  2  Am.  B.  R. 
298  ;  In  re  Walsh,  4  Am.  B.  R.  693;  104  Fed.  518. 

Mackel  v.  Rochester  (C.  C.  A.  9th  Cir.),  4  Am.  B.  R.  1;  102  Fed.  314;  In  re  Henschel, 
7  Am.  B.  R.  207;  In  re  Shera,  7  Am.  B.  R.  .552;  114  Fed.  207. 

In  re  Nachman,  8  Am.  B.  R.  180;  114  Fed.  995. 

In  re  Franklin  Syndicate,  4  Am.  B.  R.  511 ;  114  Fed.  205. 

U.  S.  V.  Brod,  23  Am.  B.  R.  740;  176  Fed.  165. 

When  court  should  compel  bankrupt  to  answer. 

In  re  Levin,  11  Am.  B.  R.  382;  131  Fed.  388. 

Committed  for  contempt  for  defective  memory. 

In  re  Schulman,  21  Am.  B.  R.  288;  160  Fed.  237;  aff'd  23  Am.  B.  R.  809;  177  Fed.  191. 

Does  not  exempt  bankrupt  from  prosecution  if  he  voluntarily  testifies. 

Burrell  v.  State,  12  Am.  B.  R.  132;  194  U.  S.  572;  48  L.  Ed.  1122;  aff'g  27  Mont.  283; 
U.  S.  V.  Simon,  17  Am.  B.  R.  41 ;  146  Fed.  89. 

Privileged  communications. 

In  re  Ruos,  20  Am.  B.  R.  281 ;  159  Fed.  252. 
People's  Bank  v.  Brown  (C.  C.  A.  3rd  Cir.)  (supra). 

In  re  Jefferson,  3  Am.  B.  R.  174;  96  Fed.  826;  In  re  Mayer,  3  Am.  B.  R.  222;  97  Fed. 
328. 

Person  to  be  examined  not  entitled  to  notice  of  application,  nor  creditors. 
In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.)  (supra). 
In  re  Abrahamson  &  Bretstein,  1  Am.  B.  R.  44. 

Use  of  examination  in  other  proceedings. 

Wechsler  v.  U.  8.  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  1;  158  Fed.  579;  86  C.  C.  A.  37; 
rev'g  16  Am.  B.  R.  1. 

In  re  Wilcox,  6  Am.  B.  R.  362;  109  Fed.  628. 

In  re  Alphin  &  Lake  Cotton  Co.,  12  Am.  B.  R.  653,  131  Fed.  823. 

Breckons  v.  Snyder,  15  Am.  B.  R.  112;  211  Pa.  St.  176. 

In  re  Shaw,  6  Am.  B.  R.  499;  109  Fed.  780;  In  re  Keller,  6  Am.  B.  R.  334;  109  Fed. 
118. 


FORMiS  IX  BAXKKUFTCY.  383 


FORM  No.  189. 

[Offinal] 
ORDER   FOR   EXAMINATION    OF    BANKRUPT. 

In  the  District  Court  of  the  United  States  for  the District 

of 

In  Bankruptc5^ 


In  the  Matter 

OF 


y  No. 


Bankrupt. 


At ,  on  the day  of ,  A.  D.  19.  .. 

Upon  the  application  of  ,  trustee  of  said  bankrupt 

\^or  creditor  of  said  bankrupt],  it  is  ordered  that  said  bankrupt  attend  before 

,  one  of  the  referees  in  bankruptcy  of  this  court,  at 

on  the day  of , 

at  ....  o'clock  in  the noon,  to  submit  to  examination  under  the  Acts 

of  Congress  relating  to  bankruptcy,  and  that  a  copy  of  this  order  be  delivered 
to  him,  the  said  bankrupt,  forthwith. 


Referee  in  Bankruptcy. 


NOTES. 


This  form  is  little  used.     As  a  matter  of  practice  the  bankrupt  is  examined  at  the 
first  meeting  of  creditors  or  adjournments  thereof. 
Examination  of  bankrupt. 
In  re  Mellen,  3  Am.  B.  R.  226;  97  Fed.  326. 
His  duty  to  testify  fully. 

In  re  Fellerman,  17  Am.  B.  R.  785;  159  Fed.  244. 
In  re  Jacobs  &  Roth,  18  Am.  B.  R.  728;  1.54  Fed.  988. 
May  be  punished  for  persistent  evasive  answers.     In  re  Singer,  23  Am.  B.  R.  28, 

Correction  of  testimony. 

In  re  Hark  Bros.,  14  Am.  B.  R.  624;  136  Fed.  986. 

How  testimony  taken  is  in  discretion  of  referee. 

In  re  Goldstein,  19  Am.  B.  R.  96;  X^T,  Fed.  695. 

Governed  largely  by  local  district  rules. 

Dressell  v.  North  State  Lumber  Co.,  9  Am.  B.  R.  541 ;  119  Fed.  531. 

In  re  Sturgeon  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  681 ;  139  Fed.  608;  71  C.  C.  A.  592. 


284  FORMS  IN  BANKRUPTCY. 

In  re  Lange,  3  Am.  B.  R.  231;  97  Fed.  197;  In  re  Tudor,  4  Am.  B.  R.  78;  100  Fed. 
796;  In  re  Isaacson  (D.  C.  N.  Y.),  23  Am.  B.  R.  665. 
For  framing  specifications  upon  discharge. 
In  re  Price,  1  Am.  B.  R.  419;  91  Fed.  635. 

Examination  of  bankrupt  after  discharge  and  while  estate  is  in  process  of  administration. 
In  re  Westfall  Bros.  &  Co.,  8  Am.  B.  R.  431. 
See,  In  re  Peters.  1  Am.  B.  R.  248. 


FORM  No.  190. 

PETITION   BY   TRUSTEE   FOR    ORDER    OF    EXAMINATION   AND   FOR 

SUBPOENA. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

07 


Banhrupt. 


No. 


To 

,  Esq., 

Referee  in  Bankruptcy. 

The  petition  of   respectfully 

shows : 

1.  That  he  is  the  trustee  herein,  duly  qualified  and  acting. 

2.  That  the  bankrupt  in  this  proceeding  is  said  to  have  absconded  and  left 
the  jurisdiction  and  has  not  been  present  at  any  meeting  of  creditors.  That 
the  books  of  account  have  not  come  into  the  possession  of  the  trustee,  and  your 
petitioner  has  been  able  to  obtain  but  little  information  concerning  the  con- 
dition of  this  estate. 

3.  That  in  the  opinion  of  your  petitioner, , 

an  attorney  of  No , , 

,  and ,  former  employees  of  said 

bankrupt,  have  certain  information  concerning  the  acts,  conduct  of  said  bank- 
rupt and  the  property  of  the  said  bankrupt  estate  now  in  process  of  administra- 
tion and  that  the  persons  aforesaid  are  in  possession  of  certain  papers  which 
properly  belong  to  this  estate. 


FORMS  IN  BANKRUPTCY.  285 

Wherefore,  petitioner  prays  for  an  order  under  Section  21-a  of  the  Bank- 
ruptcy Act  requiring  the  above  named  persons  to  appear  before  the  referee  and 
be  examined  concerning  the  acts,  conduct  of  the  bankrupt  and  the  property 
belonging  to  the  bankrupt  estate  and  that  a  subpoena  be  issued  by  the  clerk  of 
this  court  directed  to  such  persons. 


Petitioner. 
(Verification.) 


FORM  No.  191. 

ORDER  FOR  EXAMINATION  AND  THAT  SUBPOENA  ISSUE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankriqyt. 


y     No. 


On  reading  and  filing  the  petition  of   , 

the  trustee  herein,  duly  verified,  and  on  motion  of , 

attorney  for  said  trustee,  it  is 

Ordered,  that   and   , 

appear  before  me  for  examination  concerning  the  acts,  conduct  and  property 
belonging  to  the  bankrupt  estate  herein  now  in  process  of  administration,  at 

my  office,  No Street,  City  of ,  and  that 

a  supcena  be  issued  by  the  clerk  of  this  court  directed  to  suoh  persons  re- 
quiring them  to  be  present  at  the  time  designated  in  said  subpoena. 

Dated , , , ,  19. .. 


Referee  in  Bankruptcy. 


286  FORMS  IN  BANKRUPTCY. 


FORM  No.  192. 

PETITION  THAT  V.  S.  MARSHAL  PRODUCE  PRISONER  FOR  EXAMINA- 
TION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Ap2)allent. 


To  the  District  Court  of  the  United  States  for  the District 

of : 

The  petition  of respectfully 

and  alleges: 

That  he  is  the  receiver  of  the  above  named  alleged  bankrupt.  That  hereto- 
fore, and  on  the day  of ,  19 .  .,  an  order  was  duly  made 

and  entered  herein  appointing ,  Esq.,  as  Special  Com- 
missioner, to  take  the  examination  of , 

,    ,  and  others,   and   directing  said   persons 

named  to  appear  before  said  Commissioner  at  a  time  and  place  thereafter  to 
be  fixed,  to  be  there  and  then  examined  under  oath  concerning  the  acts, 
conduct  and  property  of  the  alleged  bankrupt,  and  that  a  subpoena  issue  to 
said  persons  directing  them  so  to  appear. 

That  thereafter  a  subpoena  was  duly  issued  by  the  clerk  of  this  court  in 

accordance  with  the  said  order,  returnable  on  the day  of  .... 

,  19 . . ,  at o'clock  in  the noon  before  said 

commissioner  at  his  office,  No ,  City  of 

That  said  subpoena  has  not  been  served  upon  said , 

,  and by  reason  of  the  fact  that 

they,  and  each  of  them,  are  now  in  the  custody  of  the  United  States  marshal 

for  the District  of on  warrants  of  arrest  issued 

by  a  United  States  commissioner  charging  them,  and  each  of  them,  with  the 
commission  of  a  crime  and  they,  and  each  of  them,  are  confined  by  said  mar- 
shal in  the prison,  in  the  City  of , 

there  to  await  the  action  of  the  Federal  Grand  Jury. 

That  your  petitioner  is  desirous  of  examining  the  persons  named  in  ae- 


FORMS  IN  BANKRUPTCY.  287 

cordanee  with  the  order  heretofore  entered  herein,  and  respectfully  prays 
this  Honorable  Court,  that  an  order  be  made  and  entered  .herein  directing  the 
said  United  States  marshal  to  produce  said  persons  named  before  said  com- 
missioner at  said  time  and  place  for  examination  under  the  provisions  of 
Section  21-a  of  the  Acts  of  Congress  relating  to  bankruptcy,  and  in  pursuance 
of  the  subpoena  duly  issued  for  that  purpose. 

And  your  petitioner  will  ever  pray. 


Petitioner. 
(Verification.) 


FORM  No.  193. 

ORDER  THAT  MARSHAL  PRODUCE  PRISONER  FOR  EXAMINATION. 

At  a   Stated  Term  of  the  United  States 

District  Court,  held  in  and  for  the   

of ,  at  the  Court 

House  in  the  City  of , 

on  the day  of 19 . . . 

Present : 

Hon 

D.J. 


In  the  Matter 

OP 


bankrupt 


No. 


Upon  reading  and  filing  the  annexed  petition  of   , 

duly  verified,  it  is,  on  motion  of ,  Attorney  for  peti- 
tioner, 

Ordered,  that  ,  the  United  States  Marshal  for  tlie 

District  of ,  be,  and  he  hereby  is,  directed 

to  bring  and  produce , ,  and 

before ,  Esq.,  a  commissioner  of  this  court,  at  his  office  No. 

in  the  City  of  ,  on  the day  of 

,  19 . .,  at o'clock  in  the noon  of  said  day,  to 


288  FORMS  IN  BANKRUPTCY. 

testify  all  and  singular  with  reference  to  the  acts,  conduct  and  property 

of ., ,  bankrupt,  and  at  such  other  times  and  places  as 

the  said  commissioner  may  direct. 


D.J. 


FORM  No.  194. 

SUBPOENA  TO  APPEAR  BEFORE  SPECIAL  COMMISSIONER. 

The  President  of  the  United  States  of  America,  to 


Greeting  : 

We  command  you,  that  all  and  singular  business  and  excuses  being  laid 
aside,  you  and  each  of  you  be  and  appear  in  your  proper  persons,  before  .... 

a  Commissioner  appointed 

by  the  District  Court  of  the  United  States  of  America  for  the Dis- 
trict of in  the Circuit,  at  his  office  at  the  U.  S. 

Court  House  in  the  City  of   ,  in  the  said   

District  of ,  on  the day  of 

one  thousand  nine  hundred  and at o'clock 

in  the noon    of  the  same  day,  to  testify  all  and  singular  what  you  and 

each  of  you  may  know  in  a  certain 

now  depending  undetermined  in  the   

of  the  United  States,  for  the District  of wherein 


on  the  part  of  the 

And  this  you  or  either  of  you  are  not  to  omit,  under  the  penalty  upon  each  and 
every  of  you,  of  Two  hundred  and  fifty  dollars. 

Witness,  Hon ,  Judge  of  the  District 

Court  of  the  United  States,  at  the  City  of  ,  the 

day  of   in  the  year  of  our  Lord  one 

thousand  nine  hundred  and 

Clerh. 


FORMS  IN  BANKKUPTOY.  889 


FORM  No.  195. 

SUBPOENA  TICKET. 

By  virtue  of  a  writ  of  subpoena,  to  you  directed  and  herewith  shown,  you 
are  commanded  and  firmly  enjoined,  that  laying  all  other  matters  aside  and 
notwithstanding  any  excuse,  you  be  and  appear  in  your  proper  person  before 

a   Commissioner  duly   appointed  by  the 

District  Court  of  the  United  States  of  America,  for  the District  of 

,  at  his  office,  at  the  U.  S.  Court  House  in  the  City 

of ,  on  the day  of at 

o'clock  in  the   noon  of  the  same  day,  to  testify  all  and 

singular  you  may  know  in  a  certain  cause  now  pending  in  the 

Court  of  the  United  States  for  the  District  of 

wherain    

on  the  part  of  the And  this  you  are  not  to  omit  under 

the  penalty  of  Two  hundred  and  fifty  dollars. 

Dated  this day  of 19 .  . . 

By  the  Court. 
To  

NOTES. 

Subpoena  to  appear  and  testify. 

Territorial  effect. 

In  re  Hemstreet,  8  Am.  B.  R.  760;  117  Fed.  568. 

In  re  Cole  (D.  C.  Me.),  13  Am.  B.  R.  300;  133  Fed.  414. 

Witness  fee  $1.50,  and  mileage. 

Payment  of  fees. 

In  re  Johnson  &  Knox  Lumber  Co.  (C.  C.  A.  7th  Cir.),  18  Am.  B.  R.  50;  151  Fed. 
207;  80  C.  C.  A.  259. 

In  re  Marcus  (D.  C.  Vt.).  20  Am.  B.  R.  397;  160  Fed.  229. 

Proof  of  service  by  return  of  marshal  or  affidavit. 

Disobedience  of  subpa?na. 

In  re  Boeshore,  10  Am.  B.  R.  802. 

"Where  there  has  been  no  payment  or  tender  of  expenses  and  fees  to  a  witness  sub- 
poenaed to  appear  before  a  referee  at  a  place  more  than  100  miles  from  the  place  of  his 
residence  no  attachment  for  disobedience  should  issue.     In  re  Kerber,  10  Am.  B.  R.  747. 


290  FORMS  IN  BANKRUPTCY. 


FORM  No.  196. 

SUMMONS  TO  WITNESS  TO  APPEAR  BEFORE  REFEREE. 

In  the  District  Court  of  the  United  States, 

for  the District  of 


To 


Whereas of ,  in  the  County  of 

and  State  of  has  been  duly  adjudged 

bankrupt,  and  the  proceeding  in  bankruptcy  is  pending  in  the  District  Court 
of  the  United  States  for  the District  of , 

These  are  to  require  you,  to  whom  this  summons  is  directed,  personally  to 

be  and  appear  before ,  one  of  the  referees  in  bankruptcy 

of  the  said  court,  at ,  on  the day  of 

at o'clock  in  the  noon,  then  and 

there  to  be  examined  in  relation  to  said  bankruptcy. 

Witness  the  Honorable ,  Judge  of  said  court,  and 

the  seal  thereof,  at  the  City  of ,  this day 

of A.  D.  19... 


Clerk. 


FORMS  IN  BA^KKUrXCY.  291 


FORM  No.  197. 

SUBPOENA  DUCES  TECUM. 

The  President  of  the  United  States  of  America, 
To 

Greeting  : 

We  Command  You,  That,  all  business  and 

excuses    being   laid    aside,   you    appear    and 

attend  before 

for  the District  of , 

at in  the  United 

States  Court ,  in  the  City  of 

,  on  the day  of 

at   o'clock  in  the 

noon,  to  testify  and  give  evidence  in 

a  certain   now  pending 

undetermined  in  the  said  Court,   (between) 

on  the  part  of  the and  that  you  bring  with  you  and 

and  produce  at  the  time  and  place  aforesaid,  a  certain 


[Here  specify  books,  papers,  documents,  etc.] 

now  in  your  custody,  and  all  other  deeds,  evidences  and  writings  which  yon 
have  in  your  custody  or  power  concerning  the  premises.  And  for  a  failure  te 
attend,  you  will  be  deemed  guilty  of  contempt  of  Court,  and  liable  to  pay  all 
losses  and  damages  sustained  thereby  to  the  party  aggrieved,  and  forfeit  Two 
hundred  and  fifty  dollars  in  addition  thereto. 

Witness,  The  Honorable   ,  Judge  of  the  District  Court 

of  the  United  States  for  the District  of , 

the day  of in  the  year  of  oar  Lord  one 

thousand  nine  hundred  and 

> 

Attorney, 

Clerk. 


292  FOKMi!^  IN   BANKRUPTCY. 

NOTES. 

Production  of  books  and  papers. 

lu  re  Hess,  14  Am.  B.  K.  559  ;  134  Fed.  109. 
In  re  Hart,  14  Am.  B.  R.  624  ;  136  Fed.  986. 
In  re  Rosenblatt,  16  Am.  B.  R.  306  ;  143  Fed.  668. 

In  re  E.   S.  Wlieeler  &  Co.  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  461  ;  158  Fed.  603  ;  85 
C.  C.  A.  425  ;  rev'g  18  Am.  B.  R.  421  ;  lu  re  Sapiro,  1  Am.  B.  R.  296  ;  92  Fed.  340. 
In  re  U.  S.  Graphite  Co.  (D.  C.  Pa.),  20  Am.  B.  R.  280  ;  161  Fed.  683. 
As  to  criminating  entries. 

In  re  Harris  (D.  C.  N.  Y.),  20  Am.  B.  R.  911  ;  164  Fed.  292. 

Waiver  of  self-incriminating  testimony  by  surrender  of  books  to  bankruptcy  officer. 
In  re  Tracy  &  Co.,  33  Am.  B.R.  438;177  Fed.  532. 
Sworn  statement  to  tax  assessor. 
In  re  Reid,  17  Am.  B.  R.  477  ;  155  Fed.  933. 
Failure  to  produce,  punishable  as  a  contempt. 
In  re  Alper  (D.  C.  N.  Y.),  19  Am.  B.  R.  612  ;  162  Fed.  207. 

Ancillary  order. 

Where  a  court  of  bankruptcy  may  act  summarily,  another  court  of  bankruptcy  has 
ancillary  jurisdiction  and  may  make  the  same  order  in  aid  of  the  court  of  original  juris- 
diction and  may  order  officers  of  the  bankrupt  corporation  who  are  within  its  jurisdiction 
to  deliver  to  the  trustee  books  and  papers  of  the  corporation  in  their  custody.  Babbitt, 
Trustee  v.  Dutcher  et  al.  (U.  S.  Sup.),  23  Am.  B.  R.  519;  216  U.  S.  102;  30  Sup.  Ct. 
Rep.  372. 

See,  Amendments  of  1910,  Sec.  2  (20). 


FORMS  IN  BANKRUPTCY. 


293 


PORM  No.  198. 

[Official.] 

RETURN  OF  SUMMONS  TO  WITNESS. 


In  the  District  Court  of  the  United  States 

for  the   District  of  

In  Bankruptcy. 


In  the  Matteb 

07 


JBankrupt 


y    No. 


On  this   day  of   ,  A.  D.19. .,  before  me  comes 

,  of ,  in  the  county  of and 

State  of   ,  and  makes  oath,  and  says  that  he  did,  on 

,  the day  of A.  D.  19.., 

personally  serve ,  of ,  in  the  County  of 

and  State  of ,  with  a  true  copy  of  the 

summons  hereto  annexed,  by  delivering  the  same  to  him ;  and  he  further  makes 
oath  and  says  that  he  is  not  interested  in  the  proceeding  in  bankruptcy  named 
in  said  summons. 


Subscribed  and  sworn  to  before  me,  this 
A.  D.  19... 


day  of 


294  FORMS  IN  BANKRUPTCY. 


FORM  No.  199. 

[Offlcial.] 
EXAMINATION  OF  BANKRUPT  OR  WITNESS. 


United  States    District  Court, 

for  the District  of 

In  Bankruptcy. 


In"  the  Matter 

OF 


bankrupt. 


y    No. 


At in  said  district,  on  the day  of 

A.  D.,  19.  .,  before ,  one  of  the  referees  in  bankruptcy  of  said 

court,  being  duly  sworn  and  examined  at  the  time  and  place  above  mentioned, 

upon  his  oath  says :   

[Here  insert  substance  of  examination  of  party.] 
Subscribed  and  sworn  to  before  me  this day  of 19 .  .. 


Referee  in  Bankruptcy. 

NOTES. 

Testimony. 

Testimony  of  bankrupt  a  part  of  the  record  and  creditors  are  entitled  to  access  to  it. 

In  re  Samuelsohn,  23  Am.  B.  R.  528. 


FOKMS  IN  BANKKUPiOY. 


395 


FORM  No.  200. 

NOTICE  OF  TAKING  DEPOSITION  (DE  BENE  ESSE) 

United  States  District  Court, 

for  the District  of  ......#. »        

In  Bankruptcy. 


In  the  Matter 
or 


Bankrupt 


No. 


Please  take  notice  that   and   

witnesses  whose  testimony  is  necessary  in  this  proceeding  and  who  reside  at 

a  greater  distance  than  100  miles  from  the  district  in 

which  this  proceeding  is  pending,  will  be  examined  (de  bene  esse)  on  the  part 

of  (or  the  place  of  trial  herein)   in  this  proceeding  before 

Esq.,  Commissioner   (or  Notary  Public)    (duly  ap- 
pointed for,  etc.)  at  his  office  No St.  in  the  City  of 

on  the day  of ,  19 . . , 

at o'clock  in  the noon,  at  which  time  and  place  you  are  hereby 

notified  to  be  present  and  put  interrogatories,  if  you  shall  think  fit. 

Dated, ,  the day  of ,  19. .. 

Yours,  etc., 


Attorney  for 


(Address). 


To 


.,  Esq., 


Attorney  for 


(Address.) 


296 


FOKMS  IN  BANKRUPTCY. 


FORM  No.  201. 

DEPOSITION   (DE  BENE  ESSE.) 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


bankrupt. 


y   No. 


United  States  of  America/ 

District  of  ...  . 

State  of  

County  of   


>  ss. 


On  this day  of >  19.  .,  before  me , 

a  commissioner  duly  appointed  for  the District  of 

under  and  by  virtue  of  the  Act  of  Congress  (or  a  Notary  Public  in  and  for 

the  County  of ,  State  of ,  duly  qualified  and 

acting)  personally  appeared  at  my  office  in  the  City  of in  said 

District  of , 

a  witness  on  the  part  of in  a  certain  bankruptcy  proceed- 
ing now  depe  iding  and  undetermined  in  the  District  Court  of  the  United 

States,  for  the district  of ,  wherein 

is  the  bankrupt.     And  the  said having  been  by  me  first 

cautioned  and  sworn  to  testify  the  whole  truth,  did  thereupon  depose  and  say : 


Taken,  subscribed  and 
sworn  to  before  me 
the  ....  day  of  . . .  ., 
....,  19... 


FORMS  IN  BANKRUPTCY.  297 

NOTES. 

Depositions.— U.  S.  Revised  Statutes,  Sees.  863-865. 

Usual  ujetlidd  of  obtaining  testimony  of  necessary  witnesses  at  a  distance  greater  than 
100  miles  from  district  where  proceeding  is  pending;  does  not  exclude  more  formal  method 
of  a  commission  to  take  testimony  regulated  by  Equity  Rule  LXVII. 

In  re  Hemstreet.  8  Am.  B.  R.  760;  117  Fed.  568. 

In  re  Cole,  13  Am.  B.  R.  300;  133  Fed.  414. 

Depositions  de  bene  esse. 

Not  received  in  evidence  vmless  provisions  of  Statute  are  strictly  followed. 

May  be  taken  before  any  judge  of  a  court  of  the  United  States,  or  any  U.  S.  conmiis- 
sioner,  clerk  of  a  district  or  circuit  court  or  any  notary  public  not  being  of  counsel  or 
attorney  to  any  of  the  parlies  to  the  proceedings  nor  interested  in  the  event.  May  also  be 
taken  without  the  United  States  before  consular  oflicer. 

Reasonable  written  notice  to  adverse  party  is  required. 

Attendance  of  witness  compelled  by  subpcena. 


FORM  No.  202. 

CERTIFICATE  OF  COMMISSIONER  OR  NOTARY  PUBLIC  THEREON. 

United  States  of  America,  ) 
District  of \ 


State  of 
County  of 


I,   ,  a  Notary  Public  duly  appointed  in  and  for  the 

County  of and  State  of ,  [or  U.  S.  Commis- 
sioner] duly  authorized  under  and  by  virtue  of  the  acts  of  Congress  of  the 
United  States,  and  of  the  Revised  Statutes  of  the  United  States  to  take  deposi- 
tions, affidavits  and  bail  in  civil  causes,  depending  in  the  courts  of  the  United 
States,  do  hereby  certify,  that  the  reason  for  taking  the  foregoing  depositions  is, 

and  the  fact  is,  that  the  testimony  of  the  witnesses, and 

,  is  material  and  necessary  in  the  proceeding  in  the  caption 

of  the  said  depositions  named,  and  that  they  reside  more  than  100  miles  from 
the  district  where  the  proceedings  are  pending. 

I  further  certify,  that  due  notification  of  the  time  and  place  of  taking  the 

said  depositions  was  served  upon ,  attorneys  for , 

requiring  them  to  be  present  at  the  taking  of  the  deposition  and  to  put  inter- 
rogatories if  he  or  they  might  think  fit,  of  which  a  copy  is  hereto  annexed,  with 

due  proof  of  service  on  said  attorneys ;  and  that  on  the   day  of 

,  in  the  year ,1  was  attended  by , 

Esq.,  and  by  witnesses  who  were  of  sound  mind  and  lawful  age,  and  the 
witnesses  were  by  me  first  carefully  examined  and  cautioned,  and  sworn  to 
testify  the  truth,  the  whole  truth  and  nothing  but  the  truth,  and  the  deposi- 
tions were  by  me  reduced  to  writing,  in  the  presence  of  the  witnesses,  and  from 


298  FORMS  IN  BANKRUPTCY. 

their  statements,  and  after  carefully  reading  the  same  to  the  witnesses,  they 
subscribed  the  same  in  my  presence.  I  have  retained  the  said  depositions  in 
my  possession  for  the  purpose  of  forwarding  the  same  with  my  own  hand  to 

,  Esq.,  Clerk  of  the  United  States  District  Court  for 

the District  of the  Court  for  which  the  same 

are  taken. 

And  I  do  further  certify,  that  I  am  not  of  counsel  or  attorney  for  either  of 
the  parties  in  the  said  deposition  and  caption  named,  nor  in  any  way  interested 
in  the  event  of  the  cause  named  in  the  said  caption. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  in  the  year  of  our  Lord  one  thousand,  nine  hun- 
dred and 


Notary  Public Co. 

[or  U.  S.  Commissioner 
District  of ] 


TITLE  VII. 

SALES. 


FoBM  No.  203.  Petition   for  Appraisal  and   Sale  at  Auction  by  Receiver  before 
Adjudication. 

204.  Order  upon  same. 

205.  Petition   for   Appraisal   and    Sale   by   Receiver   after  adjudication 

upon  Sealed  Bids. 

206.  Order  upon  same. 

207.  Notice  of  Sale  by  Receiver. 

208.  Notice  of  Sale  by  Receiver  on  Sealed  Bids. 

209.  Petition  by  Receiver  for  Sale  of  Perishable  Property. 

210.  Notice  of  Sale  by  Trustee. 

211.  Petition   for  Private  Sale  by  Trustee. 

212.  Order  for  Private  Sale  by  Trustee. 

213.  Petition  for  Sale  at  Auction  of  Real  Estate. 

214.  Order  for  Sale  at  Auction  of  Real  Estate. 

215.  Petition  and  Order  by  Referee  for  Sale  of  perishable  Property 

without  Notice. 

216.  Petition  and  Order  for  Sale  subject  to  Lien. 

217.  Petition  for  Sale  free  and  clear  of  Liens. 

218.  Notice  of  Motion  for  Sale  free  and  clear  of  Liens. 

219.  Order  directing  Sale  free  and  clear  of  Liens. 

220.  Petition  to  confirm  Sale. 

221.  Order  confirming  Sale. 

222.  Trustees  Memorandum,  "  Terms  of  Sale." 

223.  Notice  of  Taxation  Auctioneer's  Charges 

224.  Order  for  Resale  on  Default  of  Purchaser. 

225.  Order  to  show  cause  to  vacate  Sale. 


300  FORMS  IN  BANKRUPTCY. 


FORM  No.  203. 

PETITION  FOB  APPRAISAL.  AND   SALE  AT  AUCTION  BY   BECEIVEB 
BEFORE  ADJUDICATION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  by  an  order  of  this  court,  dated  the day  of , 

19.  .,  your  petitioner  was  duly  appointed  temporar}'-  receiver  of  the  property 
of  the  above  named  alleged  bankrupt,  has  duly  qualified  and  is  now  acting  as 
such  receiver. 

2.  That  your  petitioner  as  receiver  is  in  possession  of  the  property  of  the 
said  alleged  bankrupt,  consisting  of   

upon  the  premises  No ,  City  of ,  where 

the  bankrupt  carried  on  business  as That  your  petitioner 

has  closed  the  business  and  placed  a  custodian  in  charge  of  the  premises. 

3.  That  the  property  consists  of  the  following : 


and  petitioner  believes  that  it  is  absolutely  necessary  and  for  the  best  interests 
of  the  creditors  of  the  above  named  alleged  bankrupt  that  all  of  the  said 
property  should  be  sold  without  delay.  [Here  set  forth  any  reasons  necessitat- 
ing a  sale  and  showing  property  to  be  perishable.] 

(That  the  rent  for  the  past  month  amounting  to  $ has  not  been  paid, 

and  the  landlord  is  endeavoring  to  force  the  receiver  to  vacate  the  premises.) 
That  the  said  property  is  bulky  and  difficult  to  move,  and  in  the  opinion  of 
your  petitioner  should  be  sold  upon  the  premises. 


FORMS  IN  BANKRUPTCY. 


301 


4.  That  the  consent  of  the  alleged  bankrupt  to  said  sale  is  hereto  annexed, 

5.  No  previous  application  has  been  made  for  the  order  asked  for  herein. 
Wherefore,  your  petitioner  prays  for  an  order  appointing  appraisers  of  the 

property,  assets  and  effects  belonging  to  the  above  named  estate,  and  that  your 
petitioner  be  authorized  to  sell  said  property,  assets  and  effects  at  public  auc- 
tion, pursuant  to  the  rules  of  this  court. 

Dated , ,  19.  .. 


Petitioner. 
(Verification.) 

I  hereby  consent  to  the  entry  of  an  order  of  sale  of  the  assets  and  effects  of 
said  alleged  bankrupt. 

Dated , ,  19.  .. 


Attorney  for  Alleged  Bankrupt. 


FORM  No.  204. 

ORDER  FOR   APPRAISAL   AND   SALE   BEFORE   ADJUDICATION. 

At  a  Stated  Term  of  the  United   States 

District  Court,  held  in  and  for  the 

District  of   ,  at  the  Court 

House  in  the  City  of ,  on  the 

day  of   ,  19... 


Present : 


Hon. 


District  Judge. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


V    No. 


On  reading  and  filing  the  annexed  petition  of   , 

temporary  receiver  of  the  above  named  alleged  bankrupt  duly  verified,  and 
upon   all   the  proceedings   had   herein,   and   upon   the   annexed   consent   of 

,  attorney  for  said  alleged  bankrupt,  and  on  motion  of 

,  attorney  for  said  receiver,  it  is 


302  FORMS  IN  BANKRUPTCY. 

Ordered,  that  ,   ,  and   ,  all  of 

the  City  of ,  three  disinterested  persons,  be  and  they 

hereby  are  appointed  appraisers  to  appraise  the  property  of  the  alleged  bank- 
rupt; said  appraisers  to  be  duly  sworn,  and  to  report  the  result  of  their 
appraisal  in  writing  to  the  Court  with  all  convenient  speed  and 

It  is  further  ordered,  that  said ,  the  receiver  of  the 

above  named  alleged  bankrupt,  be  and  he  hereby  is  authorized  and  directed  to 
sell  at  public  auction,  pursuant  to  the  rules  of  this  court,  all  of  the  personal 
property  belonging  to  this  estate  so  appraised. 


D.J. 


FORM  No.  205. 

PETITIOX  FOR  APPRAISAL  AND  SALE  BY  RECEIVER  AFTER  ADJU- 
DICATION UPON  SEALED  BIDS. 

United  States  District  Court, 

for  the ^ District  of 

In  Bankruptcy. 


In  the  Matter 
OP 


bankrupt 


y    No. 


To  the 

Honorable  Judge  of  the  District  Court  of  the  United  States : 

For  the District  of : 

The  petition  of ,  respectfully  alleges  and  shows : 

1.  That  on   ,  19.  .,  he  was  duly  appointed  temporary 

receiver  in  bankruptcy  of  the  estate  of  the  above  named  bankrupt  and  required 

to  file  a  bond  in  the  penalty  of  $ ;  that  thereafter  he  filed  his  bond 

in  the  penalty  required,  and  has  continued  to  act  and  is  still  acting  as  such 
receiver. 

2.  That ,  the  bankrupt  above  named,  was  engaged  in 

business  in  the  City  of ;  that  upon  qualif}'- 

ing  as  receiver,  your  petitioner  took  charge  of  the  above  named  premises  and 
all  the  assets  therein  contained ;  that  by  the  order  appointing  your  petitioner 


FORMS  IN  BANKRUPTCY.  303 

receiver-  herein,  he  was  authorized  to  continue  the  business  for  a  period  of 

days  from  the  date  thereof;  that  in  pursuance  of  the  authority  so 

vested  in  your  petitioner,  he  continued  to  carry  on  the  business  of  the  bankrupt 
upon  the  above  premises.  That  the  assets  of  the  bankrupt,  so  far  as  your 
petitioner  has  been  able  to  discover,  consist  of  the  following  property  contained 
in  the  premises ,  City  of , 


3.  That  the  said was  duly  adjudicated  a  bankrupt 

on  the day  of ,  19 . .  ;  that  some  time  must 

necessarily  elapse  before  there  can  be  a  first  meeting  of  creditors,  election  of  a 
trustee  and  a  sale  by  such  trustee :  Tiiat  the  business  at  present  is  being  con- 
ducted at  a  loss  and  in  the  opinion  of  your  petitioner  is  not  profitable;  that 
it  would  be  a  mistake  to  allow  the  assets,  belonging  to  the  estate  herein,  to 
remain  unsold  until  same  could  be  sold  by  a  trustee,  and  that  such  delay 
would  involve  great  loss  and  expense  to  this  estate,  inasmuch  as  the  value  of 
the  estate  depends  upon  keeping  the  business  as  a  going  concern  and  the 
property  is  rapidly  deteriorating  in  value, 

4.  That  your  petitioner  verily  believes  that  it  would  be  for  the  host  interests 
of  the  estate  in  his  charge,  that  the  assets  belonging  to  the  estate  herein  be 
sold  at  this  time,  as  the  court  may  direct;  that  your  petitioner  verily  believes 
the  best  method  of  sale  of  the  assets  in  his  charge,  would  be  to  advertise  for 
sealed  bids  for  the  entire  business,  equipment,  good-will  and  unexpired  term  of 
the  lease ;  that  the  said  bids  be  opened  on  a  day  and  time  certain ;  that  if  the 
bids  received,  are  less  than  the  appraised  value,  or  if  equal  to  the  appraised 
value,  but  not  satisfactory  to  your  petitioner,  that  your  petitioner  sell  said  stock 
and  fixtures  at  public  auction  within  a  few  days  thereafter,  such  period  to  be 
designated  by  the  court;  and  that  the  creditors  of  the  above  named  bankrupt,  as 
they  may  appear  on  the  list  of  creditors  ascertained  by  your  petitioner  from 
direct,  and  that  such  other  notice  may  be  given,  as  your  petitioner  may  deem 
necessary  and  proper. 

Wherefore,  your  petitioner  would  respectfully  pray  that  he  be  authorized  to 

sell  the  assets  of  the  said  bankrupt,  now  situated  at , 

together  with  the  good-will  of  the  business  and  the  unexpired  term  of  the 
lease  of  the  said  premises,  at  private  sale  upon  sealed  competitive  bids  or 
at  public  auction,  under  such  terms  and  conditions  as  this  court  may  direct. 


Petitioner. 
(Verification.) 


304 


FORMS  IN  BANKRUPTCY. 


FORM  No.  206. 

ORDER  FOR  APPRAISAL  AND  SALE  UPON  SEALED  BIDS. 


At  a  stated  term  of  the  District  Court  of 

the  United  States  for  the District 

of   ,  held  at  the  Court  House, 

City  of ,  on  the 

day  of ,  19. .. 

Present : 

Hon , 

District  Judge. 


In  the  Matteb 
OP 


bankrupt. 


V    No. 


Upon  the  petition,  adjudication  and  all  the  proceedings  herein,  and  upon  the 

annexed  petition  of  ,  temporary  receiver  of  the  estate  of 

the  above  named  bankrupt,  verified  the  day  of , 

19. .,  and  upon  motion  of ,  attorney  for  the  said  temporary 

receiver,  it  is 

Ordered,  that , and , 

three  disinterested  persons,  be,  and  they  are  hereby  appointed  appraisers,  to 
appraise  the  property,  assets  and  effects  in  possession  of  the  receiver  herein ; 
that  they  forthwith  enter  upon  their  duties  as  such  appraisers,  and  after  taking 
the  oath  required,  file  such  appraisal  in  the  office  of  the  clerk  of  this  court, 

And   it  is  further  ordered,  that   all   the  property,   assets  and  effects   of 

,  the  bankrupt  above  named,  now  in  the  possession  of 

the  temporary  receiver  herein,  situated  at ,  (toG^ether  with  the 

good-will  of  the  business  of  the  said  bankrupt,  and  the  unexpired  term  of  the 
lease  of  the  said  premises,)  be  sold  to  the  highest  bidder  at  private  sale,  on 
written  competitive  sealed  bids,  for  a  sum  not  less  than  the  appraised  value 
thereof,  if  in  the  opinion  of  the  said  receiver  the  said  bid  is  the  best  that  can 
be  obtained  therefor;  or  if  the  property  be  not  so  sold,  then  that  the  property 
be  sold  at  public  auction  for  a  sum  not  less  than  seventy-five  percentum  of  the 
appraised  value,  and  according  to  the  rules  of  this  court.     And 


FORMS  IN  BANKRUPTCY.  305 

It  is  further  ordered,  that  the  said  receiver  mail  notices  of  said  sale  to  all 
the  creditors  of  the  said  bankrupt,  known  to  said  receiver  or  as  they  may 
appear  on  the  schedule  of  the  said  creditors,  now  in  possession  of  the  said 
receiver,  and  to  all  such  dealers  as  he  may  think  advantageous,  offering  a 
reasonable  opportunity  to  inspect  said  property  and  for  written  bids  to  be  sent 
to  him  therefor;  and  the  said  notices  shall  also  state  tbat  the  said  bids  will  be 
opened  by  the  said  receiver  on  a  day  and  at  an  hour  and  place  to  be  fixed  by 
him,  and  that  creditors  may  then  attend  and  consider  the  bids,  which  notices 
shall  be  mailed  at  least  five  (5)  days  prior  to  that  time;  and  that  such  notices 
shall  further  notify  the  creditors  or  other  parties  that  if  the  receiver  shall  reject 
all  bids  submitted  to  him,  the  said  property  shall  then  be  sold  at  public  auction, 
according  to  the  rules  of  this  court,  at  a  time  and  place  fixed  by  the  receiver, 

and  such  notice  of  sale  shall  be  published  in  the five 

days  before  the  sale  and  on  the  morning  of  the  sale,  and  in  such  other  paper 
or  papers  as  to  the  receiver  may  seem  desirable  and  proper. 


D.J. 

NOTES. 


Receiver's  sale. — Jurisdiction. 

Masoa  v.  Wolkowich  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  709;  150  Fed.  699;  80  C.  C.  A. 
435. 

In  re  Garner  &  Co.,  18  Am.  B.  R.  7.33;  135  Fed.  914. 

In  re  Becker.  3  Am.  B.  R.  412;  98  Fed.  407. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

A  contingent  interest  in  an  estate  may  be  sold. 

In  re  Gutterson,  14  Am.  B.  R.  495;  136  Fed.  698. 

Petition  should  set  forth  facts  showing  that  the  property  is  in  whole  or  part  perishable 
or  will  greatly  deteriorate  by  handling  in  due  course  of  administration. 

In  re  Harris,  19  Am.  B.  R.  635;  156  Fed.  875. 

A  temporary  receiver  may  be  authorized  by  the  referee,  after  adjudication,  to  sell 
property  of  a  perishable  nature. 

In  re  Gamer  &  Co.  (supra). 

Not  so,  however,  in  many  jurisdictions. 

Sale  of  a  lease  witliout  an  order  of  the  court  conveys  no  title. 

In  re  Fulton  (D.  C.  N.  Y.),  18  Am.  B.  R.  591;  153  Fed.  664. 

Muschel  V.  Austern  (N.  Y.),  87  N.  Y.  Supp.  235;  43  Misc.  852. 

Objections  to  sale  cannot  be  raised  for  first  time  on  review. 

In  re  Gutterson  (supra). 

Affirmance  of  receiver's  sale  by  trustee. 

Mason  v.  Wolkowich  (supra). 

Power  of  court  to  enforce  completion  of  contract  of  sale. 

Mason  v.  Wolkowich  (supra). 

In  some  districts,  as  in  Southern  district  of  New  York,  official  auctioneers  are  designated 
to  conduct  bankruptcy  auction  sales,  and  such  appointment  has  been  held  valid. 

In  re  Benjamin  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  481;  136  Fed.  175;  69  C.  C.  A.  191 ; 
afl'g  13  Am.  B.  R.  18. 

Sale  may  be  made  by  designated  officer. 

Sturgis  v.  Corbin  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  543;  141  Fed.  1 ;  72  C.  C.  A.  179. 


306  FORMS  IN  BANKRUPTCY. 


FORM  No.  207. 

NOTICE  OF  SALE  BY  RECEIVER. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


Pursuant  to  an  order  of  this  court,  the  undersigned,  temporary  receiver  of 
the  above  named  bankrupt,  offers  for  sale  the  property,  assets  and  effects  of 
said  estate. 

The  property  to  be  sold  consists  of 


and  may  be  inspected  at  No Street,  in  the  City  of , 

on  the and days  of ,  19. .,  between  the 

hours  of  ....  A.  M.  and  ....  P.  M. 

The  said  property  will  be  sold  at  public  auction  by , 

auctioneer,  at  the  above  premises,  in  the  City  of ,  on  the 

day  of ,  19 .  . ,  at o'clock  in  the noon  of  said  day. 

The  receiver  reserves  the  right  to  withdraw  any  of  said  property  from  sale 
unless  it  shall  bring  at  least  seventy-five  per  cent,  of  the  appraised  value. 

Dated day  of ,  19 .  . . 


Receiver^ 

,  Attorney  for  receiver. 

Street,  city  of 


FORMS  IN  BANKRUPTCY.  307 

FORM  No.  208. 

NOTICE  OF  SALE  BY  RECEIVER  ON  SEALED  BIDS. 

United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Notice  is  hereby  given  that  pursuant  to  an  order  of  the  United  States  Dis- 
trict Court  for  the district  of the  under- 
signed,   ,  receiver  in  bankruptcy  of , 

offers  for  sale  the  property,  assets,  and  effects  of  the  said  bankrupt. 

The  property,  to  be  sold  consists  of  the  following :  


[The  business  is  being  carried  on  by  the  receiver,  and  will  be  offered  as  a 
going  concern  on  any  bids  for  the  entirety.] 

The  above  described  property  will  be  sold  subject  to  the  following  liens  and 
encumbrances : 


Further  particulars  in  regard  to  said  liens  may  be  obtained  from  the  receiver. 

The   above   described   property  may  be   inspected   on   the   premises  from 

to ,  19 . . ,  between  the  hours  of 

A.  M.  and  ...  P.  M. 

Bids  for  the  above  described  property,  assets  and  effects  as  an  entirety  may 

be  submitted  to  the  receiver  at  his  office,  No Street,  City  of 

,  on  or  before o'clock  in  the noon  of 

,  19.  .,  at  which  time  and  place  the  bids  will  be  opened 

by  him,  and  creditors  may  attend  and  express  themselves  in  reference  thereto. 
Each  bid  must  be  accompanied  by  a  certified  check  or  cash  for  at  least  ten  per 
cent.  (10%)     of  the  amount  of  the  bid.     The  receiver  reserves  the  right  to 


308  FORMS  IN  BANKRUPTCY. 

reject  any  or  all  bids,  in  which  event  the  said  property  will  be  sold  at  public 

auction  on  the  premises  by ,  auctioneer,  on , 

19.  .,  at o'clock  in  the noon. 

Dated , ,19... 


Receiver, 

Street^ 

City  of  


> 

Attorney  for  Receiver, 

Street, 

City  of 


FORM  No.  209. 

PETITION  BY  RECEIVER  FOR  SALE  OF  PERISHABLE  PROPERTY. 

United  States  District  Court  , 

for  the District  of .< 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Jiankrupt. 


y  No. 


To  the  District  Court  of  the  United  States, 

For  the District  of ■: 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  the  temporary  receiver  herein  duly  qualified  and  acting. 

2.  That  your  petitioner  pursuant  to  the  order  of  his  appointment  has  taken 
possession  of  all  the  property,  assets  and  effects  of  the  above  named  alleged 
bankrupt  at  No St.,  City  of 

3.  That  among  the  assets  in  his  possession  is  the  following: 

That  said  property  is  perishable  and  unless  sold  forthwith  will  result  in  a 
complete  loss  to  this  estate. 


FORMS  IN  BANKRUPTCY.  309 

4.  Tliat  in  the  opinion  of  your  petitioner  it  is  absolutely  necessary  that 
same  be  sold  at  once. 

Wherefore,  he  prays  for  an  order  authorizing  and  directing  him  to  sell  said 
property  forthwith. 


Petitioner. 
(Verification.) 


FORM  No.  210. 

NOTICE  OF  SALE  BY  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


>     No. 


Bankrupt. 


To  the  creditors  of  the  above  named  bankrupt: 

Notice  is  hereby  given  that  personal  property  belonging  to  the  estate  of  the 

above  named  bankrupt  will  be  sold  under  the  direction  of , 

the  trustee,  at  public  auction  by ,  (United  States)  auctioneer, 

at  No , St.,  City  of ,  on  the 

day  of 19 .  .,  at  ....  o'clock  in  the noon. 

A  general  description  of  the  property  to  be  sold  is  as  follows:  [Here  set 
forth  property  to  be  sold.] 

The  said  property  may  be  inspected  at  the  above  premises  on  any  business 
day  prior  to  the  sale  between  the  hours  of A.  M.  and P.  M. 

The  trustee  reserves  the  right  to  withdraw  any  of  the  said  property  from  sale 
unless  it  shall  bring  at  least  seventy-five  per  centum  of  the  appraised  value. 


Referee  in  Bankruptcy. 
Dated, , .,  19. .. 


Attorney  for  Trustee, 
[Address]. 


310 


FORMS  IN  BANKRUPTCY. 


NOTES. 

Notice  to  creditors.     See  58-a  (4),  70-b. 

May  be  a  combined  notice. 

If  aa  order  of  s;de  lapses  for  any  cause  and  a  subsequent  order  is  made,  notice  should 
be  given  to  creditors  and  lienors. 

Allgair  v.  Fisher  &  Co.  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  278;  143  Fed.  962;  75  C.  C. 
A.  148. 


FORM  No.  211. 

PETITION  FOR  PRIVATE  SALE  BY  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Mattbb 

OF 


y    No. 


bankrupt. 


To ,  Esq.,  Referee  in  Bankruptcy: 

Your  petitioner  respectfully  shows : 
That  he  is  the  trustee  herein  duly  qualified  and  acting. 
That  a  portion  of  such  bankrupt's  estate  consists  of  the  following  property 


That  it  will  be  to  the  advantage  of  the  estate  that  such  property  be  sold 
forthwith  at  private  sale  for  the  following  reasons  and  upon  the  following 
terms : 

That  no  previous  application  has  been  made  to  this  court  for  the  order 
hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  an  order  permitting  him  to  sell  said 
property  in  the  way  and  on  the  terms  above  specified. 


Petitioner. 


(Verification.^ 


FORMS  IN  BANKRUPTCY. 


311 


FORM  No.  212. 

ORDER  FOR  PRIVATE  SALE  BY  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


I    No. 


bankrupt. 


,  the  trustee  herein,  having  filed  a  duly  verified  petition 

praying  for  an  order  permitting  him  to  sell  at  private  sale,  the  following 
property:     [Here  specify  property.] 


on  the  terms  set  forth  in  said  petition  (and  a  meeting  of  creditors  having  been 
duly  held  upon  10  days'  notice)  and  it  appearing  that  good  cause  for  such  sale 

has  been  shown ;  now,  on  motion  of  ,  Esq.,  attorney 

for  the  trustee,  it  is 

Ordered :  That ,  the  trustee  herein,  be,  and  he  hereby  is 

authorized  to  sell  the  property  above  specified  to for 

the  sum  of  $ 

And  it  is  further  ordered:  That  the  said  trustee  keep  an  accurate  account 
thereof  and  file  same  with  the  referee. 

Dated, day  of ,  19 . . . 


Referee  in  Bankruptcy. 


NOTES. 

Authority  for  sale. 

In  re  Edes,  14  Am.  B.  R.  382;  135  Fed.  595. 


312 


FOKMJS  IN  BAJ^JKBUPTGY. 


FORM  No.  213. 

PETITION  FOR  SALE  AT  AUCTION  OF  REAL  ESTATE. 

In  the  District  Court  of  the  United  States  for  the District 

of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrwpt. 


No. 


To ,  Esq., 

Referee  in  Bankruptcy: 

Eespectf ully  represents   ,  trustee  of  the  estate  of  said  bankrupt, 

that  it  would  be  for  the  benefit  of  said  estate  that  a  certain  portion  of  the  real 
estate  of  said  bankrupt,  to  wit :  \Tiere  describe  property  and  its  estimated  value'] 
should  be  sold  by  auction,  in  lots  or  parcels,  and  upon  terms  and  conditions, 
as  follows : 


Wherefore,  he  prays  that  he  may  be  authorized  to  sell  said  real  estate  as  afore- 
said, and  that  a  meeting  of  creditors  be  called  on  ten  days'  notice  to  consider 
same. 

Dated  this day  of ,  A.  D.  19. .. 


Trustee, 


(Verification.) 


FORMS  IN  BANKRUPTCY.  313 


FORM  No.  214. 


ORDER  FOR  SALE  AT  AUCTION  OF  REAL  ESTATE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Is  THB  MaTTBB 
OF 


bankrupt. 


No. 


,  as  trustee  of  the  estate  of  the  above  named  bankrupt, 

having  filed  in  the  office  of  the  referee,  a  petition,  verified 

19.  .,  praying  that  he  be  authorized  by  the  creditors  of  the  estate  herein,  to 
sell  at  public  auction,  a  certain  portion  of  the  real  estate  of  said  bankrupt, 
to  wit:  (Here  describe  property  fully)  upon  terms  and  conditions  as  follows: 


and  that  a  meeting  of  the  creditors  be  called  to  consider  the  prayer  of  the 
said  petition,  and  the  said  petition  having  come  on  for  a  hearing  before  mc, 
of  which  ten  days'  notice  was  given  by  mail  to  the  creditors  of  the  said  bank- 
rupt. 

Now,  after  due  hearing,  (no  adverse  interest  being  represented  thereat,)  or 

(after  hearing ,  in  favor  of  said  petition  and , 

in  opposition  thereto),  it  is 

Ordered,  that  the  said  trustee  be  authorized  to  sell  the  portion  of  the 
bankrupt's  real  estate,  specified  in  the  said  petition,  at  auction,  keeping  an 
accurate  account  of  each  lot  or  parcel  sold  and  the  price  therefor  and  to  whom 
sold ;  which  said  account  he  shall  file  at  once  with  the  referee. 

Dated , ,19... 


Referee  in  Bankruptcy. 


314  FORMS  IN  BANKRUPTCY. 

FORM  No.  215. 

PETITION    AXD    ORDER    BY    REFEREE    FOR    SALE    OF  PERISHABLE 

PROPERTY. 

United  States  District  Court, 
for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


No. 


To ,  Esq., 

Referee  in  Bankruptcy: 

Respectfully  represents the  said  bankrupt,  (or  a 

creditor,  or  the  receiver,  or  the  trustee  of  the  said  bankrupt's  estate). 

That  a  part  of  the  said  estate,  to  wit, 


now  in ,  is  perishable,  and  that  there  will  be  loss  if  the 

same  is  not  sold  immediately. 

Wherefore,  he  prays  the  court  to  order  that  the  same  be  sold  immediately 
without  notice. 

Dated  this day  of ,  A.  D.  19. .. 


(Verification.) 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for  a 
hearing  before  me,  now,  after  due  hearing,  no  adverse  interest  being  repre- 
sented thereat,  I  find  that  the  facts  are  as  above  stated,  and  that  the  same 
is  required  in  the  interest  of  the  estate,  and  it  is  therefore  ordered  that  the 
said  property  be  sold  forthwith. 

Witness  my  hand  this day  of ,  A.  D.  19 . . . 


Referee  in  Bankruptcy. 
NOTES. 
Perishable  property. 

Discretionary  power  of  referee  not  disturbed  unless  It  clearly  appears  that  discretion 
was  improvidcntly  exercisecl. 

In  re  Hawkin's  (D.  C.  N.  Y.),  H  Am.  B.  R.  49;  125  Fed.  633. 

What  is,  "  perishable  property." 

In  re  Smith,  1  N.  B.  K  180,  204. 

Stock  of  hardware  not.     In  re  Bentel's  Sons  Co..  7  Am.  B.  R.  768. 

In  re  Roberts  (Smithson  v.  Emmerson),  (C.  C.  A.  7th  Cir.),  21  Am.  B.  R.  673;  166  Fed. 
96;92C.  C.  A.  80. 


FORMS  IN  BANKRUPTCY.  315 

FORM  No.  216. 

[Ojfirial.] 
PETITION  AND  ORDER  FOR  SALE  SUBJECT  TO  LIEN. 

In  the  District  Court  of  the  United  States  for  the District 

of 

In  Bankruptcy. 


In  the  Mattek 

OF 


Bankrupt. 


No. 


Respectfully  represents    ,  trustee  of  the  estate  of  said 

bankrupt,  that  a  certain  portion  of  said  bankrupt's  estate,  to  wit:  [Here 
describe  the  estate  or  property  and  its  estimated  value]  is  subject  to  a  mortgage 
[describe  mortgagel,  or  to  a  conditional  contract  [describe  i7],  or  to  a  lien 
[describe  the  origin  and  nature  of  the  lien],  or  [if  the  property  be  personal 
property]  has  been  pledged  or  deposited  and  is  subject  to  a  lien  for  [describe 
the  nature  of  the  lien],  and  that  it  would  be  for  the  benefit  of  the  said 
estate  that  said  property  should  be  sold,  subject  to  said  mortgage,  lien,  or 
other  incumbrance.  Wherefore  he  prays  that  he  may  be  authorized  to  make 
sale  of  said  property,  subject  to  the  incumbrance  thereon. 

Dated  this day  of ,  A.  D.  19 .  . . 


Trustee. 

(Verification.) 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for  a 
hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by  mail  to 
creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse  interest  being 

represented  thereat  [or  after  hearing in  favor  of  said  petition 

and   in  opposition  thereto],  it  is  ordered  that  the  said 

trustee  be  authorized  to  sell  the  portion  of  the  bankrupt's  estate  specified  in 
the  foregoing  petition,  by  auction  [or,  at  private  sale],  keeping  an  accurate 
account  of  the  property  sold  and  the  price  received  therefor  and  to  whom  sold ; 
which  said  account  he  shall  file  at  once  with  the  referee. 

Witness  my  hand  this day  of ,  A.  D.  19. .. 


Referee  in  Bankruptcy. 
[Note. — It  is  suggested  that  the  petition  herein  should  be  addressed  to  referee.] 


316  FORMS  IN  BANKRUPTCY. 

NOTES. 

Sale  subject  to  incumbrances. 

Purchaser  takes  property  charged  therewith. 

In  re  Gerry,  7  Am.  B.  R.  459;  112  Fed.  957,  959. 

Where  there  is  no  surplus  for  bankrupt  estate,  trustee  not  entitled  to  compensation 
from  lienors. 

Smith  V.  Township  of  Au.  Gres.  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  745;  150  Fed.  257; 
80  C.  C.  A.  145. 

Not  chargeable  with  general  expenses  of  estate  nor  of  receivership. 

In  re  Clarke  Coal  &  Coke  Co.,  23  Am.  B.  R.  273. 

Rights  of  lienors  not  affected. 

In  re  Muhlhauser  Co.  (C.  C.  A.  6th  Cir.),  10  Am.  B.  R.  236;  121  Fed.  669;  57  C.  C.  A. 
423. 

In  re  Platteville,  etc.,  Co.,  17  Am.  B.  R.  291 ;  147  Fed.  828. 

In  a  sale  of  a  stock  exchange  seat  the  proceeds  pass  to  trustee  for  distribution  according 
to  the  rules  of  the  exchange  as  against  general  creditors. 

In  re  Gregory  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  270;  174  Fed.  629;  comp.  Hyde  v. 
Woods,  94  U.  S.  523;  24  L.  Ed.  264. 

Page  V.  Edmunds,  187  U.  S.  596;  47  L.  Ed.  318. 

Contra.    Cohen  v.  Budd,  117  N.  Y.  App.  Div.  923;  103  N.  Y.  Supp.  1133. 


FORM  No.  217. 

PETITION  FOR  SALE  FREE  AND  CLEAR  OF  LIENS. 

United  States  District  Court, 
District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


Bankrupt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

First :     That  your  petitioner  was  heretofore  and  on  the day 

of ,  19.  .,  duly  appointed  the  trustee  in  bankruptcy  of  all  of 

the  property  of  the  above  bankrupt  and  has  duly  qualified  as  such  by  filing  his 


FORMS  IN  BANKRUPTCY.  317 

bond  in  this  court  in  the  sum  of  $ conditioned  for  the  faithful  per- 
formance of  his  duties,  and  is  now  acting  as  such  trustee. 

Second :  That  your  petitioner  has  taken  possession  of  all  the  property  of 
the  said  bankrupt  which  includes  the  following  described  real  and  personal 

estate  located  at  the  Town  of , County, 

State  of : 

All  that  certain  tract  or  parcel  or  land,  with  the  buildings  thereon  erected 
and  all  machinery  connected  with  or  attached  to  said  building  and  property, 

situate  in  the  Town  of ,  County  of and  State 

of bounded  as  follows : 


Together  with  all  and  singular,  the  tenements,  hereditaments  and  appur- 
tenances belonging  to  the  said  property;  and  the  reversion,  remainders,  tolls, 
income,  rents,  issue  and  profits  thereof  including  all  chattels,  fixtures,  furnish- 
ings, machinery,  tools  and  every  other  estate,  right,  title  and  interest,  property 
and  appurtenances  of  the  said 

Third :     That  heretofore  and  on  the day  of ,  19 .  . ,  an 

involuntary  petition  in  bankruptcy  was  filed  herein  against  the  above  named 
bankrupt,  and  theretofore  and  within  four  months  prior  to  the  date  of  the 

filing  of  the  said  petition,  to  wit,  on  the day  of , 

19.  .,  the  said  bankrupt  for  and  in  consideration  of  the  alleged  sum  of 
$ ,  made,  executed  and  delivered  a  certain  bond  and  mortgage  cover- 
ing all  of  the  above  described  property,  to  ,  [a  corpo- 
ration organized  under  and  existing  by  virtue  of  the  laws  of  the  State  of 

•] 

Fourth :  That  the  said  alleged  bond  and  mortgage  were,  as  your  petitioner 
is  informed  and  does  verily  believe,  executed  and  delivered  under  the  following 
circumstances : 

That  on  the  said day  of ,  19  •  •  >  and  for  a  con- 
siderable period  prior  thereto,  the  said  bankrupt  above  named  was  insolvent 
and  that  his  property  at  a  fair  valuation  was  insufficient  to  pay  all  of  his  debts 
in  full,  which  said  debts,  as  your  petitioner  is  informed  and  does  verily  believe, 

did  on  said day  of ,  19. .,  and  prior  thereto,  aggregate 

the  sum  of  about  $ ;  and  that  all  of  his  assets  of  whatsoever  kind, 

character,  nature  or  description,  did  not  exceed  in  value  the  sum  of  about 
$ 

Fifth :     That  on  said   day  of    ,  19 .  .,  the  said 

bankrupt  was  indebted  to in  the  sum  of  $ , 

which  said  indebtedness  consisted  of  two  promissory  notes  in  writing,  made, 

executed  and  delivered  by to ,  each  for 

the  sum  of  $ 

Sixth :     That  on  said day  of  ,  19.  .,  the  said 

notes  of  $ ,  due  on  that  day,  were  not  paid  by  the  said  bankrupt,  and 


318  FORMS  IN  BANKRUPTCY. 

were  thereupon  duly  protested  for  non-payment  by  the  said , 

on  which  said  day,  as  your  petitioner  is  informed  and  verily  believes,  the  said 

knew  and  had  reasonable  cause  to  believe  that  the  said 

,  was  insolvent  and  unable  to  pay  his  debts;  and  that 

thereafter  and  on  the day  of ,  19 . . ,  well 

knowing  that  the  said ,  was  insolvent  and  having  good  and 

reasonable  cause  to  so  believe,  and  without  any  present  fair  consideration,  and 
as  security  for  an  antecedent  indebtedness,  he  did  accept  and  take  the  said 

bond  and  mortgage  for  the  said  sum  of  $ on  said  real  and  personal 

property  hereinbefore  mentioned  and  described. 

Seventh:  That  heretofore  and  by  order  of  this  court,  all  of  the  said 
property  hereinbefore  mentioned  and  described,  was  duly  appraised  at  the 

sum  of  $ ,  and  as  your  petitioner  is  informed  and  does  verily 

believe,  the  said  property  if  sold  by  your  petitioner  subject  to  the  said  mortgage 

of  $ ,  above  mentioned,  will  not  realize  any  equity  whatsoever 

by  reason  of  the  fact  that  the  said  property  is  not  worth  the  amount  of  the 
said  mortgage  and  that  no  one  interested  in  property  of  this  character  would 
purchase  said  property  subject  to  it. 

Eighth  :  That  your  petitioner  proposes  to  institute  legal  proceedings  in  this 
Court  to  declare  void  and  of  no  effect,  the  said  mortgage  and  to  have  the 
same  annulled  and  cancelled  as  of  record,  upon  the  ground  that  under 
and  by  virtue  of  the  terms  and  conditions  of  the  Acts  of  Congress  relating  to 
bankruptcy,  the  giving  of  the  said  mortgage  was  preferential  as  security  for 
an  antecedent  indebtedness  and  for  no  present  fair  consideration  passing  at  the 
time  of  the  execution  and  delivery  thereof ;  and  upon  the  further  ground  that 
the  said  mortgage  constituted  a  preference  by  reason  of  the  fact  that  at  the 
time  that  the  said  bond  and  mortgage  were  executed  and  delivered,  the  said 

receiving  the  same,  knew  and  had  reasonable  cause  to 

know  and  believe  that  the  said  bankrupt  was  insolvent. 

Ninth :     That  your  petitioner  has  examined  and  caused  to  be  examined 

,    ,  and  other  witnesses,  to  all   of 

which  testimony  your  petitioner  upon  the  hearing  of  the  application  herein 
made  begs  leave  to  refer  and  from  which  said  examination  the  facts  as 
hereinbefore  alleged  do  more  particularly  and  at  length  appear. 

Tenth:  That  your  petitioner  in  the  performance  of  his  duties  as  said 
trustee,  is  desirous  of  immediately  disposing  of  all  of  the  property  of  the 
bankrupt  herein,  and  in  order  so  to  do  most  advantageously  to  the  interest  of 
the  creditors  of  the  said  bankrupt,  does  verily  believe  that  the  said  property 

should  be  sold  free  of  and  from  the  lien  of  the  said  mortgage  of  $ , 

which    said   mortgage   in    detail    covers   the    said   property    as   hereinbefore 

described,  and  which  was  made,  executed  and  delivered  on  said day 

of ,  19 .  . ,  by  the  said ,  bankrupt  herein, 

for  the  said  sum  of  $ ,  and  which  was  thereafter  and  on  the 

day  of 10..,  duly  recorded  in  Liber 

of  Mortgages  at  page in  the  office  of  the  clerk  of  the  County  of 

State  of  


FORMS  IN  BANKRUPTCY.  319 

Wherefore,  your  petitioner  does  respectfully  pray  this  Honorable  Court  that 

an  order  be  made  herein,  requiring ,  mortgagee  to  sho/ 

cause  before  this  court  at  a  time  and  place  to  be  stated,  why  an  order  should  not 
be  made  and  entered  herein,  directing  that  all  of  the  property  mentioned  and 
described  in  the  petition  herein  and  covered  by  the  said  mortgage  herein 
referred  to,  be  sold  by  your  petitioner  as  trustee  of  the  said  bankrupt,  at 
public  auction  and  in  the  manner  prescribed  by  the  Acts  of  Congress  relating  to 
Bankruptcy,  and  the  General  Orders  of  the  Supreme  Court  of  the  United 
States,  free  of  and  from  the  lien  of  the  said  mortgage  and  why  the  proceeds 
arising  of  and  from  tlie  sale  of  the  said  property  should  not  be  hekl  by  your 
petitioner  subject  to  the  lien  of  the  said  mortgage,  to  all  intents  and  purposes 
as  though  the  said  property  had  not  been  sold,  subject  to  the  final  order,  judg- 
ment and  decree  of  this  court,  or  the  final  order,  judgment  and  decree  of  a 
court  of  competent  jurisdiction,  as  to  the  validity  of  the  said  mortgage  and 
why  your  petitioner  should  not  have  such  other  and  further  relief  as  to  this 
Honorable  Court  may  seem  just  and  proper. 

And  your  petitioner  will  ever  pray,  etc. 

Dated , , 19. .. 


Petitioner. 


Attorney  for  Trustee, 

Office  and  Post-office  address, 

Street, 

City  of 

(Verification.) 


FORM  No.  218. 

NOTICZ:  OF  MOTION  FOR  SALE  FREE  AND  CLEAR  OF  LIENS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


Bankrupt. 


Please  take  notice  that  upon  the  annexed  petition  of  .  . . 
trustee  in  bankruptcy  of  the  above  named  bankrupt,  verified 


320  FORMS  IN  BANKRUPTCY. 

19. .,  the  annexed  affidavit  of ,  verified 19. ., 

the (mortgage,  etc.)  a  copy  whereof  is  hereto  annexed, 

from to ,  bearing  date , 

19.  .,  and  upon  all  the  proceedings  and  testimony  taken  herein,  a  motion  will 

be  made  by  the  undersigned  on  behalf  of  the  trustee  herein  before 

Esq.,  referee  in  bankruptcy,  in  charge  of  this  proceeding,  at  his  office,  No. 

Street,  in  the  City  of   ,  on  the 

day  of ,  19 .  , ,  at  .  . .  o'clock  in  the noon, 

or  as  soon  thereafter  as  counsel  can  be  heard,  for  an  order  authorizing  and 

directing ,  as  trustee  in  bankruptcy  of  the  estate  of  the  above 

named  bankrupt,  to  sell  the  property  mentioned  in  the  annexed  petition  of  the 

trustee  herein,  and  situated  at ,   ,  and  that  the 

said  trustee  be  authorized  and  directed  to  sell  and  dispose  of  the  aforesaid 
property,  now  in  his  possession,  and  claimed  to  belong  to  this  estate,  free  and 
clear  of  all  liens  and  demands  thereon,  including  an  alleged  mortgage  of 

to    ,   dated    

19. .,  and  that  the  proceeds  arising  from  the  sale  of  the  said  property  be  held 
by  the  trustee  subject  to  the  claims,  liens  and  demands  of  the  alleged  mort- 
gagees, lienors  and  claimants,  and  that  the  said  mortgages,  liens,  claims  and 
demands  attach  to  the  proceeds  of  such  sale  with  the  same  force  and  effect  as  if 
upon  the  property  itself,  subject  to  the  final  order,  judgment  and  decree  of  this 
court  or  of  a  court  of  competent  jurisdiction  as  to  the  validity,  bona  fides 
and  extent  of  such  mortgage,  lien,  claim  and  demand; 

And  for  such  other  and  further  relief  as  to  this  court  may  seem  just  and 
proper. 

Dated ,19... 


Attorney  for  Petitioner, 
(Address.) 
To 


(Claimant  or  ") 

Alleged  Mortgagee,  j 


FORMS  IN  BANKRUPTCY.  321 


FORM  No.  219. 

ORDER   DIRECTING   SALE  FREE   AND    CLEAR   OF   LIENS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


An  order  having  been  heretofore  made  herein  requiring 

to  show  cause  before  this  court,  at  the  office  of ,  Esq., 

referee,  why  an  order  should  not  be  made  herein,  directing  that  all  of  the 
property,  now  in  the  possession  of  said  trustee  and  mentioned  and  described 
in  the  petition  annexed  to  the  said  order  and  alleged  to  be  covered  by  the 
mortgage  therein  referred  to,  be  sold  by  the  said  trustee  at  public  auction,  and 
in  the  manner  prescribed  by  the  Acts  of  Congress  relating  to  bankruptcy  and 
the  General  Orders  of  the  Supreme  Court  of  the  United  States,  free  of  and 
from  the  lien  of  the  said  mortgage,  and  why  the  proceeds  arising  of  and  from 
the  sale  of  the  said  property  should  not  be  held  by  the  said  trustee  subject  to 
the  lien  of  the  said  mortgage,  to  all  intents  and  purposes  as  though  the  said 
property  had  not  been  sold:  subject  to  the  final  order,  judgment  and  decree 
of  this  court,  or  of  the  final  order,  judgment  or  decree  of  a  court  of  competent 
jurisdiction,  as  to  the  validity,  bona  fides  and  extent  of  the  said  mortgage,  and 
for  other  and  further  relief. 

Now,  upon  reading  and  filing  the  said  order  to  show  cause,  and  the  petition 
of ,  trustee  thereto  annexed,  verified  the day  of 

,  19.., 

And  upon  the  petition  in  bankruptcy  herein,  the  testimony  taken  at  the  first 

meeting  of  creditors  in  support  of  the  said  application ;  and  the  said 

having  duly  appeared  upon  the  return  of  said  order  to  show  cause  and  duly 

filed  his  answer,  verified  the day  of ,  19 . . ,  the 

affidavits  of and ,  duly  verified 

the and days  of 19 . . ,  in  opposi- 
tion to  the  said  application, 


322  FORMS  IN  BANKRUPTCY. 

And  after  hearing  respective  counsel  for  the  trustee  and  the , 

and  due  deliberation  having  been  had;  and  it  appearing  to  the  satisfaction 
of  this  court  that  the  best  interests  of  the  creditors  of  the  said  bankrupt  above 
named  will  be  subserved  by  the  granting  of  the  application,  and  for  divers 
other  reasons  that  the  said  application  is  proper,  it  is  hereby 

Ordered,  adjudged  and  decreed,  that   ,  Esq.,  as  trustee 

of ,  bankrupt,  be,  and  he  hereby  is  authorized,  directed 

and  permitted  to  sell  and  dispose  at  public  auction,  and  in  the  manner  and 
mode  as  prescribed  by  the  Acts  of  Congress  relating  to  bankruptcy  and  the 
General  Orders  of  the  Supreme  Court  of  the  United  States,  all  of  the  property 

of  the   ,  bankrupt,  situated  at   more 

particularly  mentioned  and  described  in  a  certain  indenture  of  mortgage  here- 
tofore made  by   ,  to   ,  for  the 

sum  of  $ dated  the  day  of  ,  19 ... ,  and 

recorded  on  the  ....  day  of ,  19.  .,  at o'clock,   . .  M., 

in  Liber of  mortgages,  at  page  .  . . .,  in  the  office  of  the  Clerk  of  the 

County  of ,  State  of 

And  it  is  further  ordered,  adjudged  and  decreed,  that  the  said 

as  said  trustee,  be,  and  he  hereby  is  authorized,  directed  and  permitted  to  sell 
and  dispose  of  the  said  property  in  said  mortgage  more  particularly  men- 
tioned and  described,  free  of  and  from  the  lien  of  the  said  mortgage  herein- 
before described,  and  that  the  proceeds  arising  of  and  from  the  sale  of  the 
said  property  be  held  by  the  said  trustee,  subject  to  the  lien  of  the  said  mort- 
gage, to  all  intents  and  purposes  as  though  the  said  property  had  not  been 
sold :  subject  to  the  final  order,  judgment  and  decree  of  this  court  or  the  final 
order,  judgment  and  decree  of  a  court  of  competent  jurisdiction,  as  to  the 
validity,  bona  fides  and  extent  of  the  said  mortgage. 

Dated,  City  of , ,  19. .. 


Referee  in  Bankruptcy, 

NOTES. 

Sale  in  and  clear  of  liens. 

No  specific  provision  in  the  Act  therefor,  but  practice  under  general  equity  powers 
almost  uniformly  upheld. 

As  to  jurisdiction,  see 

In  re  U.  S.  Graphite  Co.,  20  Am.  B.  R.  573;  161  Fed.  583. 

In  re  Pittelkow,  1  Am.  B.  R.  473;  92  Fed.  901. 

In  re  Worland.  1  Am.  B.  R.  450;  92  Fed.  893. 

In  re  Keet,  11  Am.  B.  R.  117;  128  Fed.  651. 

In  re  Wilka.  12  Am.  B.  R.  727;  131  Fed.  1004. 

In  re  Littlefield  (C.  C.  A.  1st  Cir.),  19  Am.  B.  R.  18 ;  155  Fed.  838;  84  C.  C.  A.  42. 

In  re  Granite  City  Bank  of  Dell  Rapids  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  404;  137 
Fed.  818;  70  C.  C.  A.  316;  aff'g  S.  C.  12  Am.  B.  R.  727. 

In  re  New  England  Piano  Co.  (C.  C.  A.  1st  Qr.),  9  Am.  B.  R.  767;  122  Fed.  937;  59 
CCA.  461. 


FORMS  IN  BANKRUPTCY.  323 

Southern  Loan  and  Trust  Co.  v.  Benbow,  3  Am.  B.  R.  9;  96  Fed.  514. 

In  re  Barber,  3  Am.  B.  R.  306;  97  Fed.  547. 

Putnam  v.  Loveland,  19  Am.  B.  R.  18;  1.55  Fed.  838. 

In  re  M.  E.  Tucker.  Pet.,  18  Am.  B.  R.  378. 

In  re  Gerry,  7  Am.  B.  R.  459;  112  Fed,  957. 

In  re  McMahon  (C.  C.  A.  6th  Cir.).  17  Am.  B.  R.  530;  147  Fed.  684;  77  C.  C.  A.  668. 

Sturgiss  V.  Corbin,  15  Am.  B.  R.  543;  141  Fed.  1;  72  C.  C.  A.  179. 

May  be  ordered  by  referee. 

In  re  Waterloo  Organ  Co.,  9  Am.  B.  R.  427  ;  118  Fed.  904. 

In  re  Wilka  (supra). 

In  re  Miner's  Brewing  Co  (D.  C.  Pa.),  20  Am.  B.  R.  717  ;  162  Fed.  327. 

In  re  Sanborn,  3  Am.  B.  R.  54;  96  Fed.  507. 

Referee  may  also  determine  validity,  extent,  and  relative  priority  of  the  claims. 

In  re  Miner's  Brewing  Co.  (supra). 

Such  sale  may  be  ordered,  even  though  property  or  lienor  is  without  the  territorial 
jurisdiction  of  the  court. 

In  re  "Wilka  (supra). 

In  re  Granite  City  Bank  of  Dell  Rapids  (supra) ;  or  incumbrances  equal  value  of 
property. 

In  re  Kent  (supra). 

In  re  New  England  Piano  Co.  (supra). 

Bankruptcy  court  need  not  determine  either  validity  or  amount  of  lien. 

In  re  Littlefield  (C   C.  A.  1st  Cir.)  (supra  ). 

In  re  Vogt  (D.  C.  N.  Y.),  20  Am.  B.  R.  457. 

Should  be  ordered  only  when  it  appears  that  such  sale  'will  be  advantage- 
ous to  bankruptcy  estate  and  not  injurious  to  lienors. 

In  re  Shaeffer,  5  Am.  B.  R.  248 ;  105  Fed.  .352. 

In  re  Goldsmith,  9  Am.  B.  R.  419  ;  118  Fed.  763. 

In  re  Gerdes,  4  Am.  B.  R.  346  ;  102  Fed.  318. 

In  re  U.  S.  Graphite  Co.  (supra). 

See  In  re  Alden,  16  Am.  B.  R.  362. 

In  re  Styer,  3  Am.  B.  R.  424  ;  98  Fed.  290. 

Provision  should  be  made  for  protection  of  rights  of  lienors. 

Carroll  &  Bro.  Co.  v.  Young.  9  Am.  B.  R.  643  ;  119  Fed.  576.  In  re  Saxton  Furnace 
Co.,  14  Am.  B.  R.,  483  ;  136  Fed  697. 

In  re  Goldsmith,  9  Am.  B.  R.  419,424  ;  118  Fed.,  763. 

In  re  Shoe  and  Leather  Reporter  (C  C.  A.  1st  Cir.),  12  Am.  B.  R.  248,  129  Fed.  588  ; 
In  re  Prince  &  Walter.  12  Am.  B.  R.  675.  131  Fed.  546  ;  Mills  v.  Virginia-Carolina  Lumber 
Co.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  750  ;  164  Fed.  168  ;  modf'g  In  re  Franklin,  18  Am. 

B.  R.  218 ;  151  Fed.  642. 

Should  be  on  notice  to  all  lienors. 
Personal  service,  rather  than  by  mail. 

In  re  Platteville,  etc.  Co.,  17  Am.  B.  R.  291  ;  147  Fed.  828. 
In  re  Saxton  Furnace  Co.  (supra). 
In  re  New  England  Piano  Co.  (supra). 

Court  having  custody  of  the  property  sold  may  determine  priorities  of  conflicting 
claims.     Chauncey  v.  Dyke  Bros.  (C.  C.  A.  8  Cir. ),  9  Am.  B  R.  444 ;    119  Fed.  1  ;   55 

C.  C.  A.  579. 

Mortgagees  entitled  to  interest. 

Coder  v.  Arts  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  513;  152  Fed.  943  ;  82  C.  C.  A.  91. 
Modf'g  16  Am.  B.  R.  583. 

Even  though  mortgagee  does  not  prove  claim  in  bankruptcy  proceedings. 
In  re  Stevens,  23  Am.  B.  R.  239. 


324  FORMS  IN  BANKRUPTCY. 

As  to  costs  and  expenses  of  such  sale  see,  In  re  Williams  Estate  (C.  C.  A.  9th  Cir.),  19 
Am.  B.  R.  389 ;  156  Fed.  934 ;  84  C.  C.  A.  434. 

As  to  what  constitutes  an  affirmance  of  the  sale  by  lienor. 
In  re  Plattville  Foundry  &  Machine  Co.  {supra). 

Dcw^er  rights  in  sale  free  from  liens. 

Savage  v.  Savage  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  599  ;  141  Fed.  346 ;    72  C.  C.  A.  494. 
In  re  McKenzie  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  679  ;  142  Fed.  383 ;  73  C.  C.  A.  483; 
aflfg  13  Am.  B.  R.  227 ;  132  Fed.  114. 

In  re  Shaeffer,  5  Am.  B.  R.  248  ;  105  Fed.  352. 

In  re  Forbes,  7  Am.  B.  R,  42. 

Effect  on  taxes. 

In  re  Keller,  6  Am.  B.  R.  351  ;  109  Fed.  131. 

Right  of  judgment  creditor  whose  lien  is  unaffected. 

In  re  Vastbinder,  13  Am.  B.  R.  148  ;  132  Fed.  718. 


FORM  No.  220. 

PETITION  TO  CONFIRM  SALE. 


XJnited  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


To  the  Hon ,  District  Judge. 

The  petition  of ,  respectfully  shows : 

That  your  petitioner  is  the  temporary  receiver  herein,  duly  qualified  and 
acting. 

That  on ,  19.  .,  by  order  of  this  court,  the  property  and 

effects  of  the  said  bankrupt  at  ,  St.,  City  of  

,  consisting  of   ,  were  offered  for  sale  at 

public  auction. 

That  the  same  was  offered  in  bulk  at  the  beginning  of  such  sale  and  a  bid 

of  $ was  made  for  the  same,  and  that  the  goods  were  then  offered 

for  sale  in  separate  lots  according  to  catalogue,  and  realized  the  sum  of 
$ or  more  than  the  bid  in  bulk. 


FORMS  IN  BANKRUPTCY. 


325 


That  the  said  sum  of  $ realized,  is  below  75%  of  the  appraised 

value  of  the  property,  which  is  $ and  in  order  to  deliver  said  prop- 
erty to  the  purchasers,  it  is  necessary  for  your  petitioner  to  procure  an  order 
confirming  said  sale. 

Your  petitioner  is  of  the  opinion  and  verily  believes  that  a  larger  sum 
than  as  above  stated  cannot  be  obtained,  as  the  sale  was  largely  attended  and 
fairly  conducted,  and  advises  that  the  said  goods  be  delivered  to  the  respective 
bidders,  for  the  reason  that  said  merchandise  will  rapidly  deteriorate  in  value, 
and  the  expense  attendant  upon  storing  the  goods  for  a  longer  time,  or  of  a 
resale,  would  be  considerable,  and  unlikely  to  produce  better  results,  and 
petitioner  verily  believes  that  tbe  sale  should  be  confirmed. 

Wherefore,  your  petitioner  respectfully  prays  that  an  order  be  made  con- 
firming the  said  sale,  and  authorizing  him  to  deliver  the  said  merchandise 
as  sold  in  lots  to  the  respective  highest  bidders  therefor  and  for  such  other  and 
further  relief  as  to  the  court  may  seem  just  and  proper. 


Petitioner. 


(Verification.) 


FORM  No.  221. 

ORDER  CONFIRMING  SALE. 

At  a  Stated  Term  of  the  United  States 

District  Court,  held  in  and  for  the   

District  of  ,  at  the  Court  House 

in   the   City   of    ,   on   the 

day  of ,19... 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


bankrupt. 


y    No. 


On  reading  and  filing  the  petition  of ,  receiver  herein, 

verified   ,  19. .,  praying  for  confirmation  of  a  sale  held 


326  FORMS  IN  BANKRUPTCY. 

pursuant  to  order  of  this  Court  on  the day  of j  19  •  . ,  and 

it  appearing  that  the  application  made  therein  is  reasonable  and  proper, 

Now,  on  motion  of   ,  attorney  for  said  petitioner,  it  is 

Ordered,  that  the  sale  at  auction  conducted  by  the  receiver  herein  on  the 

day  of  ,  19 .  . ,  be  and  the  same  hereby  is  in  all 

respects  confirmed  and  ratified,  and  the  said  receiver  is  hereby  authorized  to 
deliver  the  property  to  the  respective  highest  bidders  therefor  in  accordance 
with  the  terms  of  said  sale. 


D.  J. 


NOTES. 


Petition  and  order  to  confirm  sale.     70-b. 

Usually  obtained  ex  parte. 

Coutirmation  within  the  discretion  of  court  and  ordinarily  not  refused  when  sale  has 
been  properly  conducted. 

In  re  Mitchell.  15  Am.  B.  R.  735. 

In  re  Ketterer  Mfg  Co.  (D.  C.  Pa.),  19  Am.  B.  R.  638;  156  Fed.  719. 

In  re  Throckmorton  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  856;  149  Fed.  145;  79  C.  C.  A  15. 

Referee  after  adjudication  has  power  to  confirm. 

In  re  Matthews,  6  Am.  B.  R.  96;  109  Fed.  603. 

In  re  Fisher  &  Co.,  14  Am.  B.  R.  366;  135  Fed.  223. 

In  re  Styer,  3  Am.  B.  R.  424 ;  98  Fed.  290. 

Setting  aside  a  sale  is  equivalent  to  a  refusal  to  confirm. 

In  re  Shea  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  207;  123  Fed.  153;  aff'g  s.  c.  10  Am.  B.  R. 
481 ;  122  Fed.  745. 


FORMS  IN  BANKRUPTCY.  327 


FORM  No.  222. 

TRUSTEE'S    MEMORANDUM    OF    "TERMS    OF    SAXE ". 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


>■    No. 


bankrupt. 


TERMS  OF  SALE  BY  TRUSTEE  OF  REAL  ESTATE. 
(1)     The  real  estate  to  be  sold  is  described  as  follows: 


(2)      (....%)  per  cent,  of  the  purchase  price  of  the  said 

real  estate  in  certified  check  or  cash  shall  be  paid  to  the  auctioneer  at  the 
time  and  place  of  the  sale  for  which  he  will  render  a  receipt  to  the  purchaser. 

(3)  The  residue  of  the  said  purchase  price  must  be  paid  to 

,  as  trustee,  at  the  office  of  his  attorneys, , 

No Street,  City  of ,  on  the 

day  of ,  19 . .,  at  12  noon,  when  the  deed  to  the  said  prop- 
erty will  be  ready  for  delivery,  and  the  title  closed. 

(4)  The  trustee  is  not  required  to  send  any  notice  to  the  purchaser;  and 
if  he  neglects  to  call  at  the  time  and  place  above  specified  and  receive  his  deed, 
he  will  be  charged  interest  thereafter  on  the  whole  amount  of  his  purchase, 
unless  the  trustee  shall  deem  it  proper  to  extend  the  time  for  the  completion 
of  the  said  purchase. 

(5)  The  said  trustee  will  convey  the  title  to  the  purchaser  in  fee  simple 

subject  only  to  a  mortgage  of  $ ,  and  accrued  interest  at 

( . .  % )  per  cent,  per  annum,  from  the day  of ,  19 .  . . 


328  FORMS  IN  BANKRUPTCY. 

All  other  encumbrances,  taxes  and  assessments  which  at  the  time  of  the  sale 
are  liens  or  encumbrances  upon  said  premises,  will  be  allowed  out  of  the  pur- 
chase money,  provided  the  purchaser  shall,  previous  to  the  delivery  of  the 
deed,  produce  to  the  said  trustee  proof  of  such  liens,  and  the  existence  of  any 
unpaid  taxes  or  assessments  shall  not  be  deemed  to  be  an  objection  to  the 
title,  provided  the  amount  thereof  is  so  allowed. 

(6)  The  purchaser  of  the  said  real  estate  shall  at  the  time  and  place  of 
sale  sign  a  memorandum  of  his  purchase. 

(7)  It  is  understood  and  agreed  that  the  auctioner  or  the  said  trustee  is 

not  responsible  for  any  interest  on  the  %  deposited  under  the  terms 

of  sale. 

(8)  This  sale  is  made  subject  to  the  approval  of  the  United  States  Dis- 
trict Court  for  the District  of  ,  the  trustee  re- 
serving the  right  to  reject  any  and  all  bids  made  therefor,  it  being  understood 
however,  that  the  trustee  shall  inform  the  purchaser  whether  his  bid  has  been 
accepted  or  rejected  on  or  before  the day  of ,  19 . . . 

Dated, , , , ,  19. .. 


FORMS  IN  BANKRUPTCY. 


329 


FORM  No.  223. 

NOTICE  OF  TAXATION  OF  AUCTIONEER'S  CHARGES. 

United  States  District  Court, 

District  of .; 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


BanJcrvpt. 


Please  take  notice  that  the  trustee  herein,  having  filed  objections  to  the  fees 
and  charges  of  the  auctioneer  on  the  sale  of  the  property  of  the  above  named 

bankrupt,  there  will  be  a  hearing  on  same  before  ,  Esq., 

referee,  at  his  office  at   ,   ,  on 

the day  of ,  19 . .,  at o'clock  in 

the noon,  or  as  soon  thereafter  as  counsel  can  be  heard,  at  which  hearing 

the  fees  and  charges  of  the  auctioneer  will  be  taxed  by  the  said  referee,  and 
such  other  business  will  be  transacted  thereat  as  may  be  proper. 

Dated , ,19... 


Attorney  for ,  Trustee. 


To 


Esq., 

(United  States)  Auctioneer, 


330  FORMS  IN  BANKRUPTCY. 


FORM  No.  224. 

ORDER  FOR  RESALE  ON  DEFAULT  OF  PURCHASER. 

United  States  District  Court, 

, . . . .  District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


bankrupt. 


No. 


,  the  trustee  of  the  estate  of  the  above  named 

bankrupt,  having  filed  in  the  office  of  the  referee  a  petition  duly  verified  the 

day  of ,  19. .,  alleging,  among  other  things,  that 

at  a  sale  at  public  auction  held  in  the of , 

on  the  day  of  ,  19 . .,  certain  property  be- 
longing to  the  bankrupt  estate  herein  at  ,   ,  and 

consisting  of ,  was  duly  sold  to 

for  $ ;  tliat  the  said   at  time  of  purchase 

paid  to  the  auctioneer  on  said  sale per  cent,  of  his  said  bid,  amount- 
ing to  $ and  agreed  to  pay  the  balance,  $ ,  on  or  before 

,   19 .  . ,   and   that  the   said    

has  failed  to  carry  out  his  said  agreement  and  pay  the  balance  of  said  pur- 
chase price,  although  the  said  payment  has  been  demanded  of  him  and  that 
his  time  to  complete  his  said  purchase  has  long  since  expired,  and  praying 

that  the  property  be  resold  for  the  account  of  said 

and  that  said be  charged  with  any  deficit  that  might 

result  from  such  resale  and  any  expenses  incurred  by  the  trustee  in  main- 
taining and  protecting  the  said  property  from  the  date  of  said  sale  to  the  date 
of  such  resale,  and  on  reading  and  filing  proof  of  due  service  upon  said 

,  of  a  notice  of  hearing  on  the  said  petition,  and  after 

hearing ,  of  counsel  for  the  trustee,  in  support  of  said 

petition  and  no  one  appearing  in  opposition  thereto,  (or  after  hearing 

in  opposition  thereto) 


FORMS  IN  BANKRUPTCY.  331 

Now,  on  motion  of  ,  attorney  for  the  said  trustee, 

it  is 

Ordered,  that  the  property  heretofore  sold  on ,  19 . ., 

to  said ,  consisting  of  [Here  describe  property  fully] 

be  and  the  same  hereby  is  directed  to  be  resold  for  the  account  of  the  said 
,  in  the  manner  and  form  as  heretofore  ordered. 

It  is  further  ordered,  that  due  notice  of  said  resale  be  given  to  the  creditors 
herein  and  to  the  said ,  and 

It  is  further  ordered,  that  said  be  and  he  is  hereby 

charged  with  any  deficit  that  may  result  to  the  trustee  on  such  resale  and  any 
expense   incurred  by   the   trustee   in   maintaining   and   protecting  the   said 

property  from ,  19 . .,  the  date  of  the  said  sale,  to  the 

date  of  such  resale  and  for  such  resale. 

Dated , , ,  19... 


Referee  in  Bankruptcy. 


NOTES. 

Resale. 

Snyder  v.  Bougher,  16  Am.  B.  R.  793;  214  Pa.  St.  453. 


330 


FORMS  IN  BANKRUPTCY. 


FORM  No.  225. 

ORDER  TO  SHOW  CAUSE  TO  VACATE  SAUL 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


■"'v 


In  the  Matter 

OP 


bankrupt. 


No. 


Upon  the  annexed  petition  of ,  verified ,  19. ., 

the  annexed  affidavit  of ,  sworn  to  ,  19 . .,  the 

testimony  of    and    ,  heretofore  taken 

before ,  Esq.,  as  special  commissioner  pursuant  to  order  of 

Hon ,  District  Judge,  dated    ,   19 .  . ,  on 

file  in  the  office  of  the  clerk  of  this  court,  together  with  the  minutes  and 
exhibits  thereto  annexed. 

I  do  hereby  order  and  require, and ,  and 

each  of  them,  to  show  cause  before  this  court  at  a  stated  term  thereof,  to  be 

held  at  the  United  States  Court,  in  the  City  of ,  on , 

19.  .>  at  ....  o'clock  in  the noon  at  the  opening  of  court,  or  as  soon 

thereafter  as  counsel  can  be  heard,  why  the  sale  of  the  property,  assets  and 

effects  of  the  above  named  bankrupt  held  by  the   herein  at 

,  on  the day  of  ,  19 . . ,  should  not 

be  vacated  and  set  aside  and  the  property  restored  to  the  trust  estate,  and  for 
such  other  and  further  relief  as  may  be  just  and  proper. 

And  sufficient  reason  appearing  therefor, 

I  do  hereby  order,  that  this  order  to  show  cause  and  the  annexed  petition 

of ,  and  the  annexed  affidavit  of y 

be  served  on  the  said    and   ,  or  their 

attorneys  herein,  on  or  before  19.  .,  and  that  such  service  be 

sufficient  notice,  and  pending  the  hearing  and  determination  of  this  order  to 


FORMS  IN  BANKRUPTCY.  333 


show  cause  that  all  proceedings  on  the  part  of  the and 

herein  relative  to  said  sale  be  stayed. 

Dated, ,  19... 


O.J. 

NOTES. 

When  set  aside. 

Trustee  purchaser  at  own  sale. 

In  re  Hawley,  9  Am.  B.  R.  61 ;  117  Fed.  364. 

Allgair  v.  W.  F.  Fisher  &  Co.,  16  Am.  B.  R.  278;  143  Fed.  962. 

Gross  inadequacy  of  price  or  fraud. 

In  re  Etliier,  9  Am.  B.  R.  160;  118  Fed.  107. 

In  re  Thompson,  2  Am.  B.  R.  216. 

In  re  Groves,  2  N.  B.  N.  Rep.  30. 

When  not  set  aside. 

In  re  Shapiro,  19  Am.  B.  R.  125;  154  Fed.  673. 

In  re  Belden,  9  Am.  B.  R.  679;  120  Fed.  524. 

In  re  Throckmorton  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  856;  149  Fed.  145;  79  C.  C.  A. 
15;  Stergis  v.  Corbin  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  543;  141  Fed.  1;  72  C.  C.  A.  179; 
Owens  V.  Bruce  (C.  C.  A.  4th  Cir.),  6  Am.  B.  R.  322;  109  Fed.  72;  48  C.  C.  A.  239. 

Not  set  aside  on  review  unless  there  has  been  an  abuse  of  power  in  court  below. 

In  re  Shea  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  207;  126  Fed.  153;  aff'g  s.  c.  10  Am.  B.  R. 
481 ;  122  Fed.  743. 

Expenses  of  resale.— In  re  Fisher  &  Co.,  17  Am.  B.  R.  404;  148  Fed.  907;  aff'd  In  re 
Wylie  et  al.  18  Am.  B.  R.  503;  153  Fed.  281. 


TITLE  VIII. 

RESTRAINING    ORDERS. 


Form  No.  226.  Petition  for  an  Injunction  other  than  against  Suits. 

227.  Order  to  show  cause  for  a  Stay  by  Trustee. 

228.  Injunction  Order  other  than  against  Suits. 

229.  Affidavit  to  stay  Sale  by  Trustee  of  Mortgaged  Chattels. 

230.  Affidavit  to  stay  Suit  (Supplementary  Proceedings). 

231.  Order  staying  Suit  in  State  Court. 

232.  Petition  to  modify  Stay. 

FORM  No.  226. 

PETITION  FOR  AN  INJUNCTION  OTHER  THAN  AGAINST  SUITS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 
Of 


Bankrupt. 


V    No. 


To  the  District  Court  of  the  United  States  for  the 

District  of 

The  petition  of ,  respectfully  shows  and  alleges : 

1.  That  he  is  the  herein  duly  qualified  and  acting. 

2.  That  the  above  named  bankrupt  was  duly  adjudged  herein  on  the 

day  of ,  19. .,  and,  thereafter,  the  following  proceedings  were 


had 


3.  That    ,  of    ,  by  virtue  of  an  alleged 

. .  has  taken  possession  of  the  following  property  belong- 


ing to  this  estate ; 


That  the  claim  to  the  possession  of  said  property  is  merely  colorable,  and  is 
fraudulent  and  void  for  the  following  reasons :  

That  the  said is  negotiating  and  endeavoring  to  dispose 

of  said  property  and  convert  same  into  cash. 

4.  That,  unless  the  injunction  hereinafter  asked  is  granted,  your  petitioner 
and  the  creditors  of  said  bankrupt  will  suffer  irreparable  injury. 

SR4 


FORMS  IN  BANKRUPTCY.  335 

5.  That  no  previous  application  has  been  made  to  this  court  for  the  order 
hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  a  writ  of  injunction  herein,  enjoining 

and   restraining  the   said    ,   his   attorneys,   agents   and 

servants,  from  disposing  of  said  property  or  in  any  way  interfering  with  same, 
until  further  order  of  this  court  in  the  premises,  and  for  such  other  relief  as 
shall  be  just  and  lawful. 
, ,  19... 


Petitioner. 
(Verification.) 


FORM  No.  227. 

ORDER  TO  SHOW  CAUSE  FOR  A  STAY  BY  TRUSTEE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Mattbb 

OP 


JSankvupt. 


No. 


On  reading  the  affidavit  of ,  the  trustee  herein, 

verified   ,  19 .  . ,  and  on  motion  of   , 

attorney  for  the  said  trustee,  it  is 

Ordered,  that show  cause  at  a  Stated  Term  of  this  court 

appointed  to  be  held  at  the  United  States  Court  House  in  the  City  of 

,  on   ,  the   ....   day  of ,  19.  ., 

at  ....  o'clock  in  the  .  . .  .noon  of  that  day,  or  as  soon  thereafter  as  counsel 
can  be  heard,  why  he  should  not  be  stayed,  enjoined  and  restrained  from  re- 
moving or  disturbing  (here  enumerate  acts)    

and  from  interfering  with  or  disturbing ,  the  trustee  herein, 

in  any  other  way  in  his  possession  of  the  assets  of  the  said  bankrupt:  and  it 
is  further 

Ordered,  that  until  the  determination  of  this  order  to  show  cause  the  said 

,  his  agents,  officers  and  employees  are  stayed, 

enjoined  and  restrained  from  removing  or  disturbing 


336 


FORMS  IN  BANKRUPTCY. 


or  otherwise  interfering  with  or  disturbing  the  said  trustee  in  his  possession 
of  the  assets  herein;  and  it  is  further 

Ordered,  that  service  on  or  before ,  19. .,  of  a  certified  copy 

of  this  order,  together  with  copy  of  the  affidavit,  on  the  said 

,  shall  be  sufficient. 

Dated, ,19... 


D.J. 


FORM  No.  228. 

INJUNCTION  ORDER. 

At  a  Stated  Term  of  the  District  Court  of  the 

United  States  for  the District 

of    ,  held  at  the  Court  House, 

City  of ,  on  the  ....  day  of 

,19... 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


bankrupt. 


No. 


,  having  made  an  application  to  this  court  by  duly 

verified  petition,  praying  that ,  of ,  be 

enjoined  and  restrained  from 

} 

and  an  order  to  show  cause  having  been  issued  thereon  directed  to  the  said 

,  and  returnable  on  the day  of , 

19. .,  and  the  said  order  to  show  cause  having  come  on  to  be  heard, 

Now,  upon  reading  and  filing  the  petition  of   ,  verified 

the day  of ,  19 . . ,  and  the  affidavit  of , 

verified  the  ....  day  of ,  19 . . ,  and  after  hearing 


FORMS  IN  BANKRUPTCY.  337 

,  attorney  for   ,  in  support  of  said  application  and 

,  attorney  for ,  in  opposition  thereto, 

and  due  deliberation  having  been  had,  it  is,  upon  motion  of , 

attorney  for , 

Ordered,  tliat ,  liis  agents,  attorneys  and  servants 

be  and  they  hereby  are  restrained  and  enjoined  [here  specify  acts]   

until  further  order  of  tiiis  court  in  the  premises. 

'd.  J. 

NOTES. 

Restraining  orders.     Sees.  2,  (15),  11-a. 

General  Order  XII.,  (3;. 

Jurisdiction.— lu junctions  and  stays  often  incorporated  in  orderappointing  a  receiver 
in  other  order. 

Application  sliould  usually  be  made  to  the  judge,  though  referee  has  power  within 
limitations  of  Geiienil  Order  XII.  (3). 

A  mere  adjudication  in  bankruptcy  does  not  operate  as  a  .stay  against  prosecution  of  a 
claim. 

Maas  V.  Kului  (X.  Y.  A.^).  Div.),  22  Am.  B.  li.  91. 

Verbal  notice  of  an  injunction  held  suflBcient. 

In  re  Krinsky  Bros.  (D.  C.  N.  Y.),  7  Am.  B.  R.  535;  112  Fed.  972. 

Blake  v.  Nesbet,  16  Am.  B.  R.  269;  144  Fed.  279. 

In  re  Wilk,  19  Am.  B.  R.  178;  155  Fed.  943. 

When  poTwer  -will  be  exercised. 

In  re  Hicks,  13  Am.  B.  K.  654;  133  Fed.  739. 

In  re  Home  Discount  Co.,  17  Am.  B.  R.  168;  147  Fed.  538. 

Protect  bankrupt  from  arrest  while  attending  court  or  engaged  in  performance  of  a 
statutory  duty. 

In  re  Adler  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  414;  144  Fed.  659;  75  C.  C.  A.  461. 

In  re  Dresser  (D.  C.  N.  Y.),  10  Am.  B.  R.  270;  124  Fed.  915. 

Restrain  a  sale  of  bankrupt's  property  in  certain  cases. 

In  re  Jersey  Island  Packing  Co.  (C.  C.  A.  9th  Cir.),  14  Am.  B.  R.  689;  138  Fed.  625; 
71  C.  C.  A.  75. 

In  re  Vastbinder  (D.  C.  Pa.),  13  Am.  B.  R.  148;  132  Fed.  718. 

Stay  proceedings  in  state  court  against  insolvent  corporation. 

New  River  Coal  Land  Co.  v.  Ruffner  Bros.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  100;  165 
Fed.  881,  889;  91  C.  C.  A.  559. 

Landlord,  who  upon  notice  makes  no  claim  before  referee  for  use  and  occupation  against 
estate,  may  be  restrained  by  bankruptcy  court  from  attempting  to  collect  by  suit. 

In  re  Empire  Construction  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  704;  157  Fed.  495. 

^lay  not  restrain  a  sale  by  pledgee  under  valid  pledge  and  pursuant  to  its  terms. 

In  re  Mayer,  etc.,  19  Am.  B.  R.  356;  156  Fed.  432. 

Hiscock  V.  Varick  Bank,  18  Am.  B.  R.  1 ;  206  U.  S.  28;  51  L.  Ed.  945. 

Nor  action  to  enforce  mechanics  lien. 

In  re  Grissler(C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  508;  136 Fed.  754;  69  C.  C.  A.  406. 

Sale  by  receiver  in  state  court. 


338 


FORMS  IN  BANKRUPTCY. 


In  re  Sterlingworth  Ry.  Supply  Co.,  21  Am.  B.  R.  341;  164  Fed.  591. 

Nor  sale  of  real  estate  under  judgment  in  foreclosure  prior  to  four  months. 

Sample  v.  Beasley  (C.  C.  A.  5th  Cir.),  20  Am.  B.  R.  164;  158  Fed.  607;  85  C.  C.  A.  429. 

Does  not  apply  to  suit  in  state  court  to  enforce  an  asserted  right  in  rem  under  state  law. 

Tennessee  Producer  Marble  Co.  v.  Grant,  14  Am.  B.  R.  288 ;  135  Fed.  332. 

"Where  a  proceeding  was  commenced  more  than  four  months  before  filing  of  petition 
and  property  in  controversy  was  under  the  control  and  in  the  possession  of  receiver  instate 
court,  a  bankruptcy  court  cannot  enjoin  the  proceedings  or  order  the  property  turned  over 
to  the  trustee  in  bankruptcy. 

Pickens  v.  Roy,  9  Am.  B.  R.  47;  187  U.  S.  177;  47  L.  Ed.  128;  affg  5  Am.  B.  R.  644; 
106  Fed.  663. 

Moore  v.  Green  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  648;  145  Fed.  480;  76  C.  C.  A.  250. 


FORM  No.  229. 

AFFIDAVIT  TO  STAY  SALE  BY  TRUSTEE  OF  MORTGAGED   CHATTELS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Mattbb 

OP 


Bankrupt. 


No. 


ss. 


state  of  

County  of 

,  being  duly  sworn,  deposes  and  says,  that  he  is 

the  Secretary  of  Company.     That  said  Company  has 

made  a  motion  for  the  modification  of  an  injunction  order  herein,  so  as  to 
render  available  its  remedies  under  a  chattel  mortgage  held  by  it  against  the 
bankrupt's  estate.  That  the  papers  on  said  motion  other  than  those  on  file 
herein  are  hereto  annexed.     The  deponent  makes  said  papers  part  of  this 

application  in  the  same  manner  as  if  here  set  out  in  full.    That  on , 

10..,  deponent  received  a  notice  of  sale  of  the  estate  of  the  above  named 
bankrupt  including  the  property  covered  by  the  said  mortgage,  which  sale  is  to 

take  place  on  the day  of ,  19 .  , .    That  the 

Company  has  a  subsisting  right  to  enter  into  the  possession  of  the  chattels 


FORMS  IN  BANKRUPTCY.  339 

covered  by  the  said  mortgage  and  foreclose  the  said  mortgage.    That  the  order 

of  which  the  Company  desires  a  modification  prevents  any 

interference  with  the  estate  of  the  bankrupt,  and  has  ttierefore  prevented  the 

Company  from  enforcing  its  remedy  as  against  the  said 

mortgaged  chattels ;  that  the  motion  to  permit  the Company 

to  enforce  its  claim  is  returnable  on  the  ....  day  of ,  19.  .,  which 

date  is  after  the  time  for  which  the  sale  of  the  bankrupt's  estate  by  the  trustee 
is  noticed  to  take  place;  that  if  the  trustee  of  the  said  bankrupt  is  permitted 

to  offer  the  chattels  covered  by  the  mortgage  of  the Company  for 

sale,  the  said  chattels  may  be  removed  from  the  place  in  which  they  are  now 

located  and  the  remedy  of Company,  by  foreclosure  or  otiier- 

wise,  greatly  impaired,  if  not  entirely  lost;  that  the  said  chattel  mortgage  held 

by   Company  contains  a  license  to  the  mortgagee  ■;:o  enter 

into  the  premises  and  take  possession  of  the  said  mortgaged  property  after 
breach  of  the  condition  of  the  mortgage;  that  if  the  said  property  is  sold  by 

the  trustee  on  the  date  fixed,  the Company  may  be  unable 

to  assert  its  remedy  of  entering  into  possession.  That  the  notice  of  the  pro- 
posed sale  by  the  trustee  mentions  no  liens  or  encumbrances  upon  any  of  the 
chattels  to  be  sold  and  does  not  purport  to  give  notice  of  a  sale  of  the  equity 
of  redemption  merely,  or  of  the  chattels  subject  to  the  lien  of  the  mortgage 
or  the  title  of Company.  That  the  condition  of  the  mort- 
gage held  by  said  Company  having  been  broken,  the  title  to  the  mortgaged 

chattels  became  and  is  now  absolute  in Company  subject  only 

to  a  possible  equity  of  redemption  belonging  to  the  bankrupt  or  his  trustee. 
That  no  notice  of  application  by  the  trustee  for  leave  to  make  the  sale  has  ever 
been  given  to  the  mortgagee,  its  successors  or  assigns,  and  that  the  proposed 
sale,  so  far  as  it  affects  chattels  covered  by  said  mortgage,  is  unauthorized 

by  law  and  in  violation  of  the  rights  and  title  of Company.    That 

Company  has    not  consented  and  does  not  consent  to  a  sale 

by  the  trustee  free  of  its  title  and  lien,  or  subject  thereto.  That  if  a  sale  were 
effectually  made  by  the  trustee  in  one  lot  or  in  separate  pieces  free  of  said 
Company's  claim  and  title,  there  would  probably  arise  a  large  deficit  and  the 
rights  of  the  company  would  be  greatly  impaired.  That  if  a  sale  were  effect- 
ually made  subject  to  the  interest  of Company,  the  value  of  the 

mortgaged  chattels  would  be  greatly  depreciated,  and  in  deponent's  judgment 
the  chattels  would  be  rendered  unsalable,  and  if  removed  from  the  premises 

by  separate  purchasers  the  remedy  of Company  would  be  greatly 

impaired  if  not  wholly  destroyed. 

Deponent  therefore  applies  for  an  order  of  this  court  restraining  and  en- 
joining   ,  Esq.,  trustee  herein  of  the  said  bankrupt,  his 

heirs,  agents  or  servants,  from  selling  any  of  the  property  of  the  said  bankrupt 

mentioned  in  the  said  mortgage  held  by Company,  and  on 

the  premises  of  the  said  bankrupt. 


Sworn  to  before  me,  this 
day  of ,19.. 


340 


FORMS  IN  BANKRUPTCY. 


FORM  No.  230. 

AFFIDAVIT  TO  STAY  SUIT  (SUPPLEMENTARY  PROCEEDINGS). 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


ss. 


state  of  

County  of 

,  being  duly  sworn,  deposes  and  says : 

1.  That  on  the  ....  day  of ,  19.  .,  deponent  filed  a  volun- 
tary petition  in  bankruptcy  in  this  court  and  on  the  same  day  was  duly  ad- 
judicated a  bankrupt. 

2.  That  prior  to  the  filing  of  said  petition  in  bankruptcy, 

of ,  obtained  a  judgment  against  deponent  in  the 

Supreme  Court  of , County,  and  on 

,  19.  .,  said  judgment  was  duly  docketed.  That  execution  was  sub- 
sequently issued  and  returned  unsatisfied.    That  on  the  ....  day  of 

,  19.  .,  an  order  was  issued  in  supplementary  proceedings  out  of  the 

Court,   ,  County,  ordering  and  requiring 

deponent  to  appear  for  examination  at  (Special  Term,  Part  II,)  of  said  court, 

on  the   ....   day  of   ,  19 .  . ,  and  make  discovery  on  oath 

concerning  his  property,  and  also  enjoining  deponent  from  transferring  or 
making  any  disposition  of  the  property  belonging  to  him,  not  exempt  hy  hiw 
from  execution,  or  in  any  manner  interfering  therewith  until  further  order  in 
the  premises.  That  said  order  in  supplementary  proceedings  was  obtained 
at  tlic  instance  of  the  said  judgment  creditor, 

.').  'i'hat  the  said  judgment  is  upon  a  chiim  in  contract  not  founded  upon 
frpud  or  false  representation  from  which  a  discharge  in  bankruptcy  would  be  a 
release;  that  deponent  has  not  yet  appeared  for  examination,  nor  is  he  in 
default  therein.  That  inasmuch  as  deponent  has  been  adjudicated  a  bankrupt 
herein,  in  which  proceeding  any  creditor  may  obtain  a  desired  examination,  he 


FORMS  IN  BANKRUPTCY. 


341 


believes  that  the  examination  in  supplementary  proceedings  at  the  instance  of 

said  creditor,  set  for ,  19.  .,  at M.,  is  unnecessary, 

and  that  deponent  ought  not  to  be  harassed  by  same,  and  that  said  examina- 
tion should  be  stayed  until  twelve  montlis  after  the  date  of  adjudication 
herein,  and  if  within  said  time  deponent  applies  for  a  discharge,  then  until  the 
question  of  such  discharge  is  determined  ;  and  that  such  judgment  creditor, 

,  and  his  attorney, ,  Esq.,  and  all 

other  persons  be  stayed  and  enjoined  from  taking  any  further  of  othi-r  \n-o- 
ceedings  in  said  action. 

No  previous  application  has  been  made  for  the  order  asked  for  herein. 


Sworn  to  before  me,  this 
day  of ,19 


lis  ) 


FORM  No.  231. 

ORDER   STAYING  SUIT. 

At  a  Stated  Term  of  the  District  Court  of  the 

United  States  for  the   District 

of    ,  held  at  the  Court  House, 

City  of ,  on  the day  of 

,  19... 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OP 


r-     No. 


Jia)ikrnpt. 


On  reading  and  filing  the  alHdavit  of   ,  bankrupt  herein, 

verified   ,  19..,  the  adjudication  in  bankruptcy  and 

all  proceedings  herein,  and  on  motion  of  ,  attorney  for  the 

said  bankrupt,  it  is 

Ordered,  that    ,  his   attorney    , 


342  FORMS  IN  BANKRUPTCY. 

Esq.,  and  all  other  persons  be  and  they  hereby  are  jointly  and  severally 
restrained  and  enjoined  from  proceeding  with  or  taking  any  further  proceed- 
ings in  a  certain  action,  now  pending  in  the Court. 

County,  wherein  the  said 

is  the  plaintiff,  and  the  bankrupt  herein  is  the  defendant,  or  in  a  proceeding 

supplementary  to  execution  in  said  action,  until  twelve  months  after 

,  19.  .,  the  date  of  the  adjudication  of  the  above  named  bankrupt,  or 

if  within  that  time  the  bankrupt  above  named  applies  for  a  discharge,  then 
until  the  question  of  such  discharge  is  determined. 

2>. ;/. 

NOTES. 

Sec  11-a.     General  Order  XII.  (3). 

Jurisdiction  against  suits. 

In  re  Kleinbaus,  7  Am.  B.  R.  604;  113  Fed.  107. 

In  re  Gutman,  8  Am.  B.  E.  252;   114  Fed.  1009. 

In  re  Basch,  3  Am.  B.  R.  235;   97  Fed.  761. 

In  re  Wollock,  9  Am.  B.  R.  685;   120  Fed.  516. 

In  re  Mustin,  21  Am.  B.  R.  147;   166  Fed.  506. 

In  re  Globe  Cycle  Works,  2  Am.  B.  R.  447.    In  re  Sims,  176  Fed.  645. 

In  re  Eastern  Commission  &  Importing  Co.,  12  Am.  B.  R.  305;  129  Fed.  847; 
In  re  Hilton,  4  Am.  B.  R.  774. 

Dischargeability  of  debt,  basis  of  jurisdiction. 

In  re  Floyd  Crawford  &  Co.,  15  Am.  B.  E.  277. 

Mackel  v.  Rochester,  14  Am.  B.  R.  429;  135  Fed.  904;  In  re  Cole,  5  Am.  B.  R 
780;   106  Fed.  837;  In  re  Sullivan,  2  Am.  B.  R.  30. 

In  re  Butts,  10  Am.  B.  R.  16,  120  Fed.  966. 

White  V.  Thompson  (C.  C.  A.  5th  Cir.),  9  Am.  B.  R.  653;  119  Fed.  868;  56  C.  C. 
A.  398. 

In  re  Lawrence,  20  Am.  B.  R.  698;  163  Fed.  131;  In  re  N.  Y.  Tunnel  Co.  (C.  C. 

A.  2nd  Cir.),  20  Am.  B.   R.  25;  159  Fed.  688;   86  C.  C.  A.  556. 

"Suits  "  broad  interpretation. 

In  re  Hicks  (D.  C.  N.  Y.),  13  Am.  B.  R.  654;   133  Fed.  739. 

Includes  "  Supplementary  Proceedings." 

In  re  Be  Long,  1  Am.  B.  R.  66. 

In  re  Fortunato,  9  Am.  B.  R.  630;   123  Fed.  622;  In  re  De  Lany  &  Co.,  10  Am. 

B.  R.  634;  124  Fed.  280;  In  re  Burke,  19  Am.  B.  R.  51;  155  Fed.  703;  In  re 
Kletohka,  1  Am.  B.  R.  479;   92  Fed.  901. 

Sherifis  sales  on  execution. 
In  re  Northrop,  1  Am.  B.  R.  427. 

In  re  Baughman  (D.  C.  Ra.),  15  Am.  B.  R.  23;   138  Fed.  742. 
In  determining  whether  claim  is  dischargeable  Court  may  be  guided  by  the 
pleadings. 

In  re  Adler  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  240;  152  Fed.  422;  81  C.  C.  A.  564. 
Applies  to  both  voluntary  and  involuntary  bankruptcy. 
In  re  Geister,  3  Am.  B.  R.  228;  97  Fed.  322. 

When  to  be  exercised. 

Southern  Loan  &  Trust  Co.  v.  Benbow,  3  Am.  B.  R.  9;  96  Fed.  514. 
In  re  Globe  Cycle  Works,  2  Am.  B.  R.  447. 

In  re  Mercedes  Import  Co.  (C.  C.  A.  2nd  Cir.),  20  Am  B.  R.  648;  166  Fed.  427; 
92  C.  C.  A.  179. 


FORMS  IN  BANKRUrTCY.  343 

May  be  granted  to  stay  execution  to  reach  bankrupt's  salary  under  section 
1391,  Code  of  Civil  Procedure  (N.  Y.)  until  question  of  discharge  is  determined. 
In  re  Van  Buren  (D.  C.  N.  Y.),  20  Am.  B.  R.  896;  164  Fed.  883. 

Should  not  be  granted  in  suits  upon  non-dischargable  claims. 

Mackel  v.  Rochester,  14  Am.  P..  R.  429;  135  Fed.  904.  Action  for  deceit 
Tindle  v.  P.irkett,  18  Am.  B.  R.  121,  205  U.  S.  183;  51  L.  Ed.  762  aff'g--  !•''>  Am.  B.  R. 
179;   In  re  Lawrence,  20  Am.  B.  R.  698;   163  Fed.  134. 

Nor  judg-nient  creditor's  suit  beg-un  more  than  four  montlis  before  bank- 
rujjtcy. 

Metcalf  V.  Barker,  9  Am.  B.  R.  36,  187  U.  S.  165;  47  L.  Ed.  122  rev'g;  In  re 
Lesser  Bros.   (C.  C.  A.  2nd  Cir.),  5  Am.  B.  R.  320. 

If  property  has  come  into  the  possession  of  the  bankruptcy  court  any  suit 
or  proceeding  tending  to  interfere  with  such  possession  may  properly  be  stayed. 

A  replevin  creditor.  In  re  Russell  (C.  C.  A.  2nd  Cir),  3  Am.  B.  R.  658;  101 
Fed.  248;   41  C.  C.  A.  323. 

A  fine  imposed  by  a  state  court  for  contempt  is  not  a  dischargeable  debt  and 
a  court  of  bankruptcy  will  not  stay  proceedings  against  the  bankrupt  for  its 
enforcement. 

In  re  Koronsky  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  851;  170  Fed.  719;  96  C.  C.  A, 
39. 

In  re  Hall   (D.  C.  N.  Y.),  22  Am.  B.  R.  498;   170  Fed.  721. 

Judgment  for  conversion. 

Stay  granted,  Fechter  v.  Postel,  17  Am.  B.  R.  316. 
In  re  Hale,  20  Am.  B.  R.  633;  161  Fed.  387. 

In  re  Floyd,  Crawford  &  Co.   (D.  C.  N.  Y.),  15  Am.  B.  R.  277. 
See,  In  re  Mertens   (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  831. 

Stays  in  actions  against  Receivers  personally,  (see,  Notes  Form  No.  61.  Tem- 
porary Receiver). 

Alimony. 

In  re  Illinois,  bankruptcy  court  will  stay  any  proceeding  in  state  court  to 
collect  alimony  until  question  of  discharge  has  been  determined. 
In  re  Challoner,  3  Am.  B.  R.  442;  98  Fed.  82. 

Practice. 

A|)i)lication  may  be  made  to  State  Court. 
In  re  Geister,  3  Am.  B.  R.  228;  97  Fed.  322. 

Stays  by  Beferees.     See,  General  Order  XII.  (3). 
See  Rule  XXI,  Northern  and  Western  Districts  of  New  York. 
In  re  Berkowitz,  16  Am.  B.  R.  251;    143  Fed.  598;   In  re  Steuer,  5  Am.  B.  K. 
209,  214;   104  Fed.  976;  In  re  Siebert,  13  Am.  B.  R.  348;   133  Fed.  781. 
Petition  should  show  that  the  proceeding  is  pending. 
In  re  Goldberg,  9  Am.  P..  R.  156;   117  Fed.  692. 
May  be  verified  by  attorney  when  reasons  are  stated. 
In  re  Goldberg  (supra). 

Duration  of  stay. 

If  made  prior  to  adjudication  runs  until  after  an  adjudication  or  the  dismissal  of  the 
petition. 

If  after  adjudication  the  stay  may  be  continued  until,  "  twelve  months  after  the 
date  of  such  adjudication  or  if  within  that  time  such  person  applies  for  a  discharge, 
then  until  the  question  of  such  discharge  is  determined." 

In  re  Rosenthal,  5  Am.  B.  R.  799;   108  Fed.  3(i8. 

In  re  Flanders,  10  Am.  B.  R.  379;  121  Fed.  23G. 


344 


FORMS  IN  BANKRUPTCY. 


FORM  No.  232. 

PETITION  TO  MODIFY  STAY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 
District  of : 

The  petition  of respectfully  shows : 

1.  That  on  or  about  the   ....   day  of   ,  19.  .,  your  petitioner 

,  being  then  the  owner  in  fee  of  certain  parcels  of  land  in 

the  City  of ,  with  the  buildings  thereon,  known  as  Xo 

,  Street,  duly  leased  the  said  premises  by  an  instrument  in  writing 

to ^  the  bankrupt  herein,  for  a  term  of  ....  years,  at  the 

yearly  rent  of  dollars  ($ )  to  be  paid  in  equal  monthly  pay- 
ments in  advance  on  the  first  day  of  each  month  in  the  said  term,  which  the 

said  lessee,  ,  in  and  by  said  lease  agreed  to  pay,  and  the 

said in  and  by  said  lease  also  agreed,  as  additional  rent  for  the 

said  premises,  to  bear,  pay  and  discharge  all  taxes  and  assessments  of  every 
nature  and  kind  which  might  during  said  demised  term  be  assessed,  levied, 
confirmed  or  imposed  upon  said  premises,  or  any  part  thereof,  and  also  all 
such  taxes,  rents  or  charges  as  should  during  such  demised  term  be  charged, 
levied  or  imposed  upon  said  premises,  or  any  part  thereof,  whether 
such  rents  or  charges  constitute  liens  upon  the  real  estate  or  not,  and  that 
the  payment  of  each  and  every  tax  and  assessment  assessed,  confirmed,  levied 
or  imposed  upon  said  demised  premises  should  be  made  to  the  proper  officer 
constituted  by  law  to  receive  the  same  within  thirty  days  after  the  date  Avhen 
such  payment  would  be  received  by  such  officer,  and  that  if  any  such  taxes 
or  assessments  should  not  have  been  paid  within  the  time  so  provided,  that  the 
said  lessor  might  himself  pay  the  same,  together  with  any  interest  or  penalty 
that  might  have  accrued  thereon,  and  that  the  amount  so  paid  by  said  lessor 


FORMS  IN  BANKKUPTC^Y.  345 

should  become  due  and  be  payable  by  the  said  lessee  with  the  next  monthly, 
or  any  other  subsequent  instalment  of  said  rent  which  should  become  due 
after  such  default  on  the  part  of  the  said  lessor. 

3.  That  the  said   duly  entered  into  the  occupation  of 

the  said  demised  premises  under  the  said  lease  and  still  remains  in  the  occupa- 
tion thereof,  except  as  hereinafter  stated. 

3.  That  on  the  first  day  of ,  10.  .,  there  was  due  to  your  peti- 
tioner under  and  by  virtue  of  said  lease,  the  sum  of   dollars 

($....),  being  the  monthly  instalment  of  the  said  annual  rent  of 

dollars  ($....)  which  fell  due  on  the  said  first  day  of  ,  19.  ., 

for  the  month  of ,  19 . ,,  and  the  further  sum  of 

dollars,  additional  rent,  being  the  regular  annual  tax  imposed  or  levied  upon 

the  said  premises  for  the  year  19.  .,  which  the  said   ,  failed  to 

pay  as  provided  in  and  by  the  said  lease,  and  which  your  petitioner  himself 
paid,  as  provided  in  said  lease,  as  hereinabove  stated  and  which  sum  by  the 
terms  of  the  said  lease  accordingly  fell  due  to  your  petitioner  from  the  said 
on  the  ....  day  of ,  19 ... . 

4.  That  payment  of  the  said  sums  so  due  and  payable  has  been  duly 
demanded  since  the  same  became  due ;  that  no  part  thereof  has  been  paid  and 
your  petitioner,  being  still  the  owner  in  fee  of  the  said  premises,  desires  to 
institute  proceedings  under  the  laws  of  the  State  of  to  dis- 
possess the  said and  all  his  under-tenants  and  each  and  every 

person  in  possession  of  the  said  premises  or  claiming  possession  thereof  by  or 
through  the  said ,  or  his  under-tenants,  assigns,  legal  repre- 
sentatives or  otherwise,  which  proceedings  it  is  proposed  to  institute  in  the 

' Court  of  the  City  of    ,  where  the  said 

premises  are  situated. 

5.  That  your  petitioner  is  informed  and  believes  that  on  or  about  the  .... 

day  of    ,   19..,    ,   Esq.,   was   appointed 

herein  receiver  of  the  entire  assets,  estate,  property  and  business  of  the  said 

bankrupt, ,  and  that  in  and  by  the  order  appointing  the  said 

such  receiver,  said  receiver  was  directed  to  take  immediate 

possession  of  such  assets,  and  all  persons  were  thereby  restrained  from  inter- 
fering with  the  control  and  possession  of  the  said  estate  by  the  said  receiver 
in  any  manner  whatsoever;  that,  as  your  petitioner  is  informed  and  believes, 
the  said  receiver,  assuming  to  act  under  the  said  order,  is  now  in  possession  as 
such  receiver  of  the  said  premises  covered  by  the  lease  hereinabove  described, 
and  your  petitioner  is  advised  by  counsel  that  the  said  receiver,  and  any 

trustee  in  bankruptcy  of  the  said ,  who  may  hereafter  be  elected 

or  appointed  herein  during  the  pendency  of  said  dispossess  proceedings,  are 
necessary  parties  to  said  dispossess  proceedings,  and  that  before  instituting 
such  dispossess  proceedings,  it  is  necessary  for  your  petitioner  to  obtain  an 
order  from  this  Honorable  Court  granting  leave  to  him  to  make  such  receiver 
and  trustee  parties  to  such  dispossess  proceedings  and  modifying  the  injunc- 


346  FOKMS  IN  BANKRUPTCY. 

tion  contained  in  said  order  of ,  19.  .,  for  the  purpose  of 

enabling  dispossess  proceedings  to  be  brought  and  executed. 

Wherefore,  petitioner  prays  that  an  order  be  entered  herein  authorizing  and 
permitting  him  to  institute  and  prosecute  such  dispossess  proceedings,  with 
leave  to  make  the  said  receiver  and  any  trustee  in  bankruptcy  of  the  said 

,  who  may  hereafter  be  appointed  or  elected  herein 

during  the  pendency  of  such   dispossess   proceedings,   parties   thereto,   and 

modifying  the  injunction  contained  in  the  order  of , ,  19.  ., 

herein,  by  permitting  the  institution  and  prosecution  of  such  dispossess  pro- 
ceedings. 

And  petitioner  prays  for  such  other  and  further  relief  as  may  be  necessary 
in  the  premises. 


Petitioner. 


Attorney  for  Petitioner. 
(Verification.) 


TITLE  IX. 

DISCHARGE   OF    BANKRUPT. 


Form  No.  233.  Bankrupt's  Petition  for  Discharge. 

234.  Order  to  show   Cause  thereon. 

235.  Affidavit  of  mailing  Petition  for  Discharge. 

236.  Notice  for  Publication. 

237.  Referee's  Certificate  of  Conformity. 

238.  Arrangement  of    Papers  on   Discharge.     (Required   la    Southern   Dis. 

trict  of  New  York.) 

239.  Order  of  Discharge. 

240.  Notice  of  Appearance  of  Objecting  Creditor. 

241.  Specifications  of  Objection. 

242.  Exceptions   to   Specifications. 

243.  Petition  to  amend  Specifications. 

244.  Order  of  Reference  to  Special  Afaster. 

245.  Notice  of  Hearing  before  Special  Master. 

246.  Report  of  Special  Master  on  Specifications. 

247.  Arrangement  of  papers  on  Contested  Discharge  required  in  South- 

ern District  of  New  York. 

248.  Order  opening  Default  on  Discharge  Proceeding. 

249.  Order  denying  discharge  upon  report  of  Special  Master. 

250.  Petition  for  Extension  of  Time  to  apply  for  Discharge. 

251.  Certificate   of  Referee   thereon. 

252.  Order  extending  Time  to  apply  for  a  Discharge. 

253.  Affidavit  for  Cancellation  of  Judgment     (New  York  Practice.) 

254.  Petition  to  revoke  Discharge. 

255.  Order  revoking  Discharge. 

FORM  No.  233. 

[Official.] 
BANKRUPT'S  PETITION  FOR  DISCHARGE. 

United  States  District  Court, 

District  of , 

In  Bankruptcy. 

In  the  Matter 

OF 


y  No. 


£ankvupt. 


To  the 

Honorable  Judge  of  the  District  Court  of  the  United  States, 

For  the District  of : 

J  of J  in  the  County  of  . .  -.-.- 

347 


348  FORMS  IN  BANKRUPTCY. 

,  and  State  of ,  in  said  District,  respectfully  represents : 

That  on  the   ....   day  of   ,  19. .,  last  past,  he  was  duly 

adjudged  a  bankrupt  under  the  acts  of  Congress  relating  to  bankruptcy ;  that 
he  has  duly  surrendered  all  his  property  and  rights  of  property  and  has  fully 
complied  with  all  the  requirements  of  said  acts  and  of  the  orders  of  the  court 
touching  his  bankruptcy. 

Wherefore,  he  prays  that  he  may  be  decreed  by  the  court  to  have  a  full  dis- 
charge from  all  debts  provable  against  his  estate  under  said  bankrupt  acts, 
except  such  debts  as  are  excepted  by  law  from  such  discharge. 

Dated  this day  of ,  19. .. 


BanJcrupt. 
(Verification.) 

NOTES. 

See  14a. 

Cross  references.     Sees.  2  (12  i,  11-a,  17,  29-b,  38-a  (4),  70-a-d. 

General  Orders  XII  (3),  XXXI. 

Application  made  after  one  month  and  not  later  than  twelve  months  subsequent  to  the 
adjudication,  unless  extension  is  obtained  from  judge  for  cause. 

In  re  Holmes,  21  Am.  B.  R.  339 ;  165  Fed.  225. 

In  re  Wagner,  15  Am.  B.  R.  100;  139  Fed.  87. 

In  re  Knauer,  13  Am.  B.  R.  503;  133  Fed.  805. 

Petition  should  be  verified. 

In  re  Brown,  7  Am.  B.  R.  252;  112  Fed.  49. 

Application  for  discharge  is  an  independent  proceeding  in  which  the  jurisdiction  and 
validity  of  prior  proceedings  in  personam  are  not  involved. 

In  re  Walrath,  175  Fed.  243. 

In  re  CHisdell,  4  Am.  B.  R.  95;  101  Fed.  246. 

In  re  Mason,  3  Am.  B.  R.  599 ;  99  Fed.  256. 

Member  of  a  firm  should  ask  discharge  of  both  partnership  and  individual  debts. 

In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 

In  re  Hale,  6  Am.  B.  R.  35;  107  Fed.  432. 

In  re  Russell,  3  Am.  B.  R.  91 ;  97  Fed.  32. 

Where  filed. 

In  re  Sykes,  6  Am.  B.  R.  264;  106  Fed.  669. 

In  Southern  District  of  N.  Y.  by  Rule  XI,  the  office  of  the  referee  is  the  office  of  the 
court  and  petition  for  discharge  is  filed  with  the  referee. 

In  re  Pincus,  17  Am.  B.  R.  331 ;  147  Fed.  621. 

The  application  should  not  be  entertained  until  the  first  meeting  of  creditors  and  tlie 
examination  of  the  bankrupt  have  been  closed. 

In  re  Johnson,  19  Am."  B.  R.  814;  158  Fed.  342. 

Not  a  criminal  proceeding. 

In  re  Gaylord  (C.  C.  A.  2nd  Cir.),  7  Am.  B.  R.  1;  112  Fed.  668;  50  C.  C.  A.  415;  aff'g 
s.  c.  5  .\m.  B.  R.  410;  100  Fed.  883. 

When  bankrupt  may  not  withdraw  application. 

In  re  Hensrliel  (D.  C.  N.  Y.),  12  Am.  B.  R.  31. 

Petition  for  discharge  may  be  amended. 

In  re  Diamond  (C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  563;  149  Fed.  407;  79  C.  C.  A.  227. 


FORMS  IN  BANKRUPTCY.  349 

Application  may  be  dismissed  for  laches. 

In  re  Lederer,  10  Am.  B.  R.  492;  125  Fed.  96. 

Contra.     In  re  Wolff  (D.  C.  Cal.),  13  Am.  B.  R.  95;  133  Fed.  396. 

When  a  discharge  lias  been  denied  in  a  former  proceeding,  it  is  res  adjudicata  as  to 
same  debts  scheduled  in  second  proceeding. 

Kuntz  V.  Young  (C   C.  A.  8th  Cir.),  13  Am.  B.  R.  506;  131  Fed.  719;  65  C.  C.  A.  477. 

In  re  Weintraub.  13  Am.  B.  R.  711;  133  Fed.  1000. 

In  re  Royal,  7  Am.  B.  R.  636;  113  Fed.  146. 

In  re  Kuffler  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  16;  151  Fed.  13;  80  C.  C.  A.  508;  rev'g 
16  Am.  B.  R.  305;  144  Fed.  445. 

See,  In  re  Elkind  and  Schwartz,  23  Am.  B.  R.  166. 

In  re  Silverman  (C.  C.  A.  2nd  Cir.).  19  Am.  B.  R.  460;  157  Fed.  675;  85  C.  C.  A.  224. 

In  re  Stone,  33  Am.  B.  R.  24;  172  Fed.  947. 


FORM  No.  234. 

[Offinal.] 
ORDER  TO  SHOAV  CAUSE  THEREON. 

District  of :  ss. 

On.  this (lay  of A.  D.  19 .  .,  on  reading  the 

foregoing  petition  for  discharge,  it  is 

Ordered  by  the  Court,  that  a  hearing  be  had  upon  the  same  before  the 
Honorable  Judge  of  the  U.  S.  District  Court,  in  the  U.  S.  Court  House  at 

,  on 19 . . ,  at M.,  and  that 

notice  thereof  be  published  in  the ,  a  newspaper  printed  in 

said  District,  and  that  all  known  creditors  and  other  persons  in  interest  nuiy 
appear  at  the  said  time  and  place  and  show  cause,  if  any  they  have,  why  the 
prayer  of  the  said  petition  should  not  be  granted,  and  also  attend  the  examina- 
tion of  the  bankrupt  thereon. 

And  it  is  further  ordered  by  the  Court  that  the  Referee  in  charge  shall  send 
by  mail  to  all  known  creditors  copies  of  said  petition  and  of  this  order 
addressed  to  them  as  required  by  law. 

Witness,  the  Honorable  Judge  of  the  said  Court,  and  the  seal  thereof,  at  the 

City  of in  said  District,  on  the day  of 

19... 


Clerk. 
As  to  notice  to  creditors  see  Amendments  of  1910,  sec.  58-a  (9). 


350  FORMS  IN  BANKRUPTCY. 


FORM  No.  235. 

AFFIDAVIT  OF  MAILING  PETITION  FOR  DISCHARGE. 

In  the  District  Court  of  the  United  States, 

for  the District  of , 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


State  of ) 

County  of f 


being  duly  sworn,  deposes  and  says :   I   am 

employed  in  the  office  of  ,  Referee  in  Bankruptcy,  and 

am  more  than  eighteen  years  of  age ;  on  the day  of 

19.  .,  I  deposited  in  the  Post  Office  in  said of , 

copies  of  the  annexed  petition  for  discharge  and  order  thereon  to  show  cause, 
each  contained  in  a  securely  closed  envelope,  franked  by  proper  notice  of  official 
business  whenever  addressed  to  a  place  within  the  United  States,  and  duly 
postpaid  whenever  addressed  to  a  place  without  the  United  States,  and  duly 
directed  respectively  to  each  of  the  creditors  of  said  bankrupt  named  in  the 
schedules  filed  herein,  at  the  respective  addresses  stated  in  said  schedules, 
except  in  the  cases,  if  any,  in  which  the  address  of  the  creditor  is  stated  in 
said  schedules  to  be  unknown,  or  where  the  creditor  has  designated  an  address 
other  than  that  stated  in  said  schedules,  and  in  such  case  to  such  designated 
address  as  on  file  herein. 
Subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.,  19. .. 


FORMS  IN  BANKRUPTCY.  351 


FORM  No.  236. 

NOTICE  FOR  PUBLICATION. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


bankrupt. 


y    No. 


Notice  is  hereby  given  that    ,  bankrupt,  has  filed  his 

petition,  dated ,  19. .,  praying  for  a  discharge  from  all  his 

debts  in  bankruptcy,  and  that  all  creditors  and  other  persons  are  ordered  to 
attend  at  the  hearing  upon  said  petition  before  the  United  States  District 

Judge,  in  the  United  States  Court  House,  in  the  City  of , 

County  of , ,  on ,  19 .  . ,  at 

. .  M.,  and  then  and  there  show  cause,  if  any  they  have,  why  the  prayer  of  said 
petitioner  should  not  be  granted,  and  also  attend  the  examination  of  the  bank- 
rupt thereon. 


Referee  in  BanJcruptcy. 
Dated , ,  19. .. 

See,  sec.  58-a  (9).    Amendments  of  1910. 


352  FORMS  IN  BANKRUPTCY. 


FORM  No.  237. 

REFEREE'S  CERTIFICATE  ON  DISCHARGE. 


In  the  District  Court  of  the  United  States, 

for  the District  of  . . 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


I, ,  Referee  in  Bankruptcy,  to  whom  the  above  entitled 

proceeding  was  duly  referred  by  order  of  this  court,  do  hereby 

Certify  that  the  forgoing  is  a  record  of  the  proceedings  had  before  me  in  the 
above  entitled  proceeding,  and  I  further  certify  that  the  schedules  disclose 

assets  not  exempt  by  law  and  that trustee 

has  been  appointed  herein,  nor  is  any  application  for  the  appointment  of  a 
trustee  pending;  that  the  first  meeting  of  creditors  was  held  before  me  on 

19 .  .,  and  that  the  examination  of  the  bankrupt 

thereon  has been  closed, 

I  further  certifyand  report  that,  so  far  as  appears  by  the  record  herein,  said 
bankrupt  has  in  all  things  conformed  to  the  requirements  of  the  United  States 
Bankruptcy  Act  and  has  committed  none  of  the  offences  and  done  none  of  the 
acts  prohibited  in  sub-division  b  of  Section  14  of  said  Act  as  amended-  and 
— in  my  opinion  entitled  to — discharge, 

And  I  further  certify  that  the  following  is  an  itemized  statement  of  the 
sums  deposited  with  me  as  indemnity  herein  and  of  the  items  of  charges  against 
the  same  and  of  the  balance  remaining  in  my  hands. 
Dated ,  19.  .. 


Referee  in  Bankruptcy. 
[Referee's  Indemnity  Account  as  required  by  District  rule.] 


FORMS  IN  BANKKUPTGY.  353 


FORM  No.  238. 

ARBANGEMENT  OF  PAPERS  ON  DISCHARGE.      (REQUIRED  IN  SOUTH- 
ERN DISTRICT  OF  NEW  YORK.) 

Papers  constituting,  "  Kecord  on  Discharge  "  should  be  arranged  in  follow- 
ing order: 

1.  Record  of  proceedings  before  Referee. 

2.  Order  of  Adjudication  and  Reference. 

3.  Order  for  first  meeting  after  thirty  days  (when  necessary). 

4.  Proofs  of  publication  and  mailing  of  notice  of  first  meeting. 

5.  Memorandum  of  proceedings  at  first  meeting. 

6.  Order  dispensing  with  trustee  (if  there  is  none). 

7.  List  of  claims  proved. 

8.  Proofs  of  claim  (if  case  is  closed) 

9.  Petition  for  discharge. 

10.  Order  thereon. 

11.  Proof  of  publication  of  notice  of  application  for  discharge. 

12.  Proof  of  mailing  of  copy  petition  for  discharge  and  order  thereon. 

13.  Referee's  certificate  and  indemnity  account. 

14.  Receipt  for  balance  of  indemnity. 


FORM  No.  239. 

Official. 

ORDER  OF  DISCHARGE. 


District  Court  of  the  United  States, 
District  of 


Whereas,  in  said  District,  ha    been  duly  adjudged 

bankrupt  under  the  acts  of  Congress  relating  to  bankruptcy,  and  appear  to 
have  conformed  to  all  the  requirements  of  law  in  that  behalf,  it  is  therefore 

ordered  by  this  Court  that  said  

be  discharged  from  all  debts  and  claims  which  are  made  provable  by  said  acts 

against estate,  and  which  existed  on  the 

day  of A.  D ,  on  which  day  the  petition  for  adjudication 


354  FORMS  IN  BANKRUPTCY. 

was  filed  by excepting  such  debts  as  are  by  law  excepted 

from  the  operation  of  a  discharge  in  bankruptcy. 

Witness  the  Honorable  ,  Judge  of  said  District  Court, 

and  the  seal  thereof,  this day  of ,  A.  D.  19 . . . 


District  Judge. 


Clerh. 

I, ,  Clerk  of  the  District  Court  of  the  United  States  for 

the District  of ,  do  hereby  certify  that  the  above 

is  a  true  copy  of  an  order  of  discharge  made  in  the  above-entitled  matter. 


In  testimony  whereof,  I  have  caused  the  seal  of  the  said  Court  to  be  hereto 

affixed,  at  the  city  of    ,  in  the    

District  of ,  this day  of , 

the  year  of  our  Lord  one  thousand  nine  hundred  and and  of 

the  independence  of  the  said  United  States  the  one  hundred  and  thirty- 


Cleric. 
NOTES. 

Order  of  discharge. 

In  re  Marshall  Paper  Co.  (C.  C.  A.  1st  Cir.),  4  Am.  B.  R.  468 ;  102  Fed.  872 ;  43  C.  C. 
A.  38  revers'g  in  part  95  Fed.  419. 

In  re  Royal,  7  Am.  B.  R.  636;  113  Fed.  140. 

Discharge  may  not  be  granted  until  the  specifications  of  objection  thereto  have  been 
disposed  of. 

In  re  Randall,  20  Am.  B.  R.  305;  159  Fed.  298. 

Bankrupt  entitled  to  a  discharge  unless  he  has  committed  an  offense  punishable  under 
sections  14-b  as  amended. 

In  re  Crist,  9  Am.  B.  R.  1 ;  116  Fed.  1007. 

In  re  Marshall  Paper  Co.  (supra). 

Even  though  he  owes  but  one  debt. 

In  re  Frank,  6  Am.  B.  R,  156;  107  Fed.  272. 

Right  to  a  discharge  distinct  from  the  effect  of  a  discharge. 

In  re  Blumberg,  1  Am.  B.  R.  638;  94  Fed.  476. 

Right  governed  by  law  as  it  stood  at  the  time  bankrupt  filed  his  petition  in  bank- 
ruptcy.    In  re  Petersen,  10  Am.  B.  R.  355. 

Right  to  discharge  not  affected  by  insanity. 

In  re  Miller,  13  Am.  B.  R.  345;  133  Fed.  1017. 

Corporation  entitled  thereto. 

In  re  Marshall  Paper  Co.  {supra). 

Partnership. — When  individuals  as  such  not  entitled  to  a  discharge. 

In  re  Hale.  6  Am.  B.  R.  35;  107  Fed.  432. 
.      In  re  Pincus  (D.  C.  N.  Y.),  17   Am.  B.  R.  331;  147  Fed.  621. 

When  partnership  debts  not  affected. 

In  re  Hartman.  3  Am.  B.  R.  65;  96  Fed.  593. 

In  re  Carmichael,  2  Am.  B.  R.  815;  96  Fed.  594. 


FORMS  IN  BANKRUPTCY.  355 

In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 
In  re  McFaun,  3  Am.  B.  U.  66;  96  Fed.  592. 
In  re  Meyers,  3  Am.  B.  R.  260 ;  97  Fed.  753. 
In  re  Bertensbaw  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  577;  157  Fed.  363;  85  C.  C.  A.  61. 

Effect  of  discharge. 

Personal  to  the  debtor. 

Bonn  fide  liens  not  affected. 

Paxton  V.  Scott,  10  Am.  B.  R.  80. 

Bassett  v.  Thackara  (N.  Y.  Sup.),  16  Am.  B.  R.  786. 

Howard  v.  Cunliff,  10  Am.  B.  R.  71 ;  69  S.  W.  737. 

To  be  a  bar  must  be  pleaded. 

In  re  Rhutassel,  2  Am.  B.  R.  697;  96  Fed.  597. 

Amendment  of  discharge. 
"Where  individual  schedules  firm  debts. 

In  re  Kaufman  (D.  C.  X.  Y.).  14  Am.  B.  R.  393;  136  Fed.  262;  In  re  Diamond  (C.  0. 
A.  2nd  Cir.),  17  Am.  B.  R.  563;  149  Fed.  407;  79  C.  C.  A.  227. 


356 


EOKMS  IN  BANKRUPTCY. 


FORM  No.  240. 

NOTICE  OF  APPEARANCE  OF  OBJECTING  CREDITOR. 

In  the  District  Court  of  the  United  States, 

for  the District  of y 

In  Bankruptcy. 


In  the  Matter 
Of 


bankrupt. 


No. 


To  the  District  Court  of  the  United  States  for  the District  of 


The  Clerk  of  this  Court  will  please  enter  my  appearance  as  attorney  for 

,  of ,  a  creditor  of the 

bankrupt  herein,  who  desires  to  file  specifications  of  objection  to  the  discharge 
of  the  bankrupt  herein. 

Dated ,19... 


Attorney  for  objecting  creditor. 
[Address.] 


To 


ClerJc. 


Esq. 


N0TE8. 

Appearance  of  objecting  creditor. 

In  re  Ginsberg,  12  Am.  B.  R.  459;  130  Fed.  627. 

Must  be  entered  on  return  day. 

In  re  Grant,  14  Am.  B.  R.  398  ;  135  Fed.  889. 

In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 

In  re  Young,  20  Am.  B.  R.  697 ;  162  Fed.  912. 


FORMS  IN  BANKRUPTCY. 


357 


FORM  No.  241. 

SPECIFICATIONS  OF  OBJECTION  TO   DISCHARGE. 


United  States  District  Court, 

District  of  . . 

In  Bankruptcy. 


In  the  Mattkk 

OF 


>     No. 


bankrupt. 


of ,  County  of  State  of 

,  in  the District  of ,  a  creditor  of 

the  above  named  bankrupt,  does  hereby  oppose  the  granting  to  him  of  a 
discharge  from  his  debts  and  for  the  grounds  of  such  opposition  does  file  the 
following  specifications : 

First.     For  the  reason  that  the  bankrupt  herein  has  committed  an  offense 
punishable  by  imprisonment  under  the  Bankruptcy  Act  in  that  he  has  know- 
ingly and  fraudulently  made  a  false  oath  and  rendered  a  false  account  in  and  in 
relation  to  his  proceedings  in  bankruptcy,  as  follows : 
[Set  forth  facts  specifically.] 


Second.  For  the  reason  that  he  has  committed  an  offense  punishable  by 
imprisonment  under  the  Bankruptcy  Act  in  that  he  has  knowingly  and 
fraudulently  concealed  from  his  trustee  while  bankrupt,  the  property  and 
assets  of  his  estate,  as  follows : 


Third.  For  the  reason  that  with  intent  to  conceal  his  true  financial  con- 
dition he  has  failed  to  keep  books  of  account  or  records,  and  has  destroyed  and 
concealed  books  of  account  or  records,  from  which  such  financial  condition 
might  be  ascertained. 

Fourth.  For  the  reason  that  during  the  course  of  the  proceedings  in  said 
bankruptcy  he  refused  to  answer  material  questions  approved  by  the  court,  to 
wit: 


358  FORMS  IN  BANKRUPTCY. 


Wherefore,  objection  is  made  to  the  granting  of  such  application  for  a 
discharge. 


Objecting  Creditor. 


Attorney  for  Creditor. 
[Address.] 
(Verification.) 

NOTES. 
See  amendments  1910.     Sec.  14-b  as  amended. 
Specifications  of  objection. 

If  appearance  is  entered,  specifications  need  not  be  filed  until  10  days  thereafter. 

See  General  Order,  XXXII. 

Mandatory  provision. 

In  re  Albrecht,  5  Am.  B.  R.  223;  104  Fed.  974. 

In  re  Clothier.  6  Am.  B.  R.  203;  108  Fed.  199. 

"Who  may  file. — Any  person  having  a  pecuniary  Interest  in  resisting  the  discharge. 

One  having  an  unliquidated  claim  may  file. 

In  re  Conroy,  14  Am.  B.  R.  249;  134  Fed.  764. 

Creditor  with  unproved  debt  may  file. 

In  re  Nathanson  (D.  C.  N.  Y.),  19  Am.  B.  R.  56;  155  Fed.  645. 

In  re  Frice,  2  Am.  B.  R.  674;  96  Fed.  611. 

Creditor  holding  non-dischargeable  debt  not  entitled  to  file.  In  re  Servis,  15  Am.  B.  R. 
271 ;  140  Fed.  222. 

Remedy  where  such  creditor  has  filed. 

In  re  Nathanson  (supra). 

When  trustee  may  file  "  as  a  party  in  interest." 

In  re  Levey,  13  Am.  B.  R.  312;  133  Fed.  572. 

Trustee  should  show  how  and  why  he  is  the  party  in  interest,  as  mere  fact  that  he  is 
the  trustee  not  suflScient. 

See  Sec.  14-b  (6).     Amendments  1910. 

Attorney's  authority  to  file  presumed. 

In  re  Gasser  (C.  C.  A.  8th  Cir.).  5  Am.  B.  R.  32;  104  Fed.  537;  44  C.  C.  A.  20. 

A  creditor  may  prosecute  objections  in  forma  pauperis. 

In  re  Guilbert,  18  Am.  B.  R.  830  ;  154  Fed.  676. 

Several  creditors  may  sign  and  verify  the  same  specifications  of  objection. 

Milgraum  v.  Ost,  12  Am.  B.  R.  306  ;  129  Fed.  827. 

Filing  nunc  pro  tunc. 

In  re  Frice,  2  Am.  B.  R.  674 ;  96  Fed.  611. 
May  sufficiency  be  attacked  before  special  master  to  whom  specifications  have  been 
referred  ? 

In  re  Quackenbush  (D.  C.  N.  Y.)  4  Am.  B.  R.  274  ;  102  Fed.  282. 

Specifications  must  be  clear  and  unequivocal  and  contain  specific  aver- 
ments of  facts,  not  mere  conclusions. 

In  re  Taplin,  14  Am.  B.  R.  360;  135  Fed.  861. 

In  re  Levey.  18  Am.  B.  R.  312;  133  Fed.  572. 

In  re  Thomas,  1  Am.  B.  R.  515  ;  92  Fed.  912. 


FORMS  IN  BANKRUPTCY.  359 

In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 

In  re  Hixon,  1  Am.  B.  R.  610  ;  93  Fed.  440. 

la  re  Quackenbush,  4  Am.  B.  R.  274  ;  102  Fed.  282. 

In  re  Gross.  5  Am.  B.  R.  271. 

In  re  Wolfensohn.  5  Am.  B.  R.  60. 

In  re  Shepherd,  2  N.  B.  N.  Rep.  1020. 

In  re  Servis.  15  Am.  B.  R.  271  ;  140  Fed.  222. 

In  re  Parish,  10  Am.  B.  R.  548  ;  122  Fed.  553. 

Bragassa  v.  St.  Louis  Cycle,  5  Am.  B.  R.  700;  107  Fed.  77. 

In  re  McGurn,  4  Am.  B.  R.  459;  102  Fed.  743. 

In  re  Ginsburg,  12  Am.  B.  R.  459  ;  130  Fed.  627. 

Not  as  strict  as  an  indictment. 

In  re  Blalock,  9  Am.  B.  R.  266 ;  118  Fed.  679. 

"  Kno'w^ingly  and  fraudulently." 
la  re  Patterson,  10  Am.  B.  R.  371 ;  121  Fed.  921. 

In  re  Blalock  (supra).     In  re  Beebe,  8  Am.  B.  R.  597 ;  116  Fed.  48.     In  re  Peck,  9 
Am.  B.  R.  747  ;  120  Fed.  972. 

Klein  v.  Powell  (C.  C.  A.  3rd  Cir.),  23  Am.  B.  R.  494  ;  174  Fed.  640. 

In  re  Griffin  Bros.  19  Am.  B.  R.  78  ;  154  Fed.  537. 

May  be  amended  to  include  this  allegation. 

In  re  Knaszak  (D.  C.  N.  Y.),  18  Am.  B.  R.  188  ;  151  Fed.  503. 

Su£5ciency  of  specifications. 

E.  H.  Godsbalk  Co.  v.  Sterling  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  802  ;  129  Fed.  580; 
64  C.  C.  A.  148. 

In  re  Blumberg,  13  Am.  B.  R.  343;  133  Fed.  845. 

In  re  Mero,  12  Am.  B.  R.  171 ;  128  Fed.  630. 

Milgraum  v.  Ost,  12  Am.  B.  R.  306;  129  Fed.  827. 

In  re  Troeder  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  723  ;  150  Fed.  710;  80  C.  C.  A.  376. 

In  re  Wetniore,  6  Am.  B.  R.  703. 

In  re  Hirscb,  2  Am.  B.  R.  715  ;  96  Fed.  468. 

In  re  McNamara,  2  Am.  B.  R.  566;  95  Fed.  429. 

In  re  Adams,  22  Am.  B.  R.  613;  171  Fed.  599. 

In  re  Kaiser,  3  Am.  B.  R.  767 ;  99  Fed.  689. 

Effect  of  perjury  upon  granting  of  discharge. 

In  re  Kretsch  (D.  C.  N.  Y.),  22  Am.  B.  R.  284;  172  Fed.  523. 

Two  grounds  of  objection  may  not  be  alleged  in  one  specification. 

In  re  Wetmore,  6  Am.  B.  R.  703. 

Grounds  of  objection  limited  to  those  set  forth  in  specificationa. 

In  re  Taplin  (supra). 

In  re  Halsell.  13  Am.  B.  R.  106;  132  Fed.  562. 
In  re  Peacock,  4  Am.  B.  R.  136 ;  101  Fed.  560. 
In  re  Hendrick,  14  Am.  B.  R.  795  ;  138  Fed.  473. 
One  of  the  statutory  grounds  must  be  alleged  and  proTed. 
In  re  Griffin  Bros.  19  Am.  B.  R.  78  ;  154  Fed.  537. 
In  re  Frank,  6  Am.  B.  R.  156. 
Objection  of  non-residence. 
In  re  Goodale.  6  Am.  B.  R.  493;  109  Fed.  783. 
Burden  of  proof. 
Upon  objecting  creditors. 

In  re  Logan,  4  Am.  B.  R.  525;  102  Fed.  876.     In  re  Jacobs,  16  Am.  B.  R.  482;  144 
Fed.  868.     In  re  Eades,  16  Am.  B.  R.  30;  143  Fed.  293;  74  C.  C.  A.  431. 


360  FORMS  IN  BANKRUPTCY. 

In  re  "Wetmore,  3  Am.  B.  R.  700;  99  Fed.  703. 
In  re  Hamilton,  13  Am.  B.  R.  383;  133  Fed.  823. 

Proof  must  be  clear  and  convincing,  but  not  necessarily,  "  beyond  a  reasonable  doubt," 
In  re  Steed  and  Curtis,  6  Am.  B.  R.  73;  107  Fed.  682. 

In  re  Berner.  4  Am.  B.  R.  383.  In  re  Troeder  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  723; 
150  Fed.  710;  80  C.  C.  A.  376. 

Verification  of  specifications. 

Should  be  verified.     In  re  Baerncoff  (D.  C.  Pa.),  9  Am.  B.  R.  133;  117  Fed.  975. 

In  re  Glass  (D.  C.  Tenn.),  9  Am.  B.  R.  391;  119  Fed.  509. 

Contra.     In  re  Jamieson  (D.  C.  111.),  9  Am.  B.  R.  681;  120  Fed.  697. 

SuflBciency  of  verification. 

In  re  Nathanson,  19  Am.  B.  R.  56;  155  Fed.  645. 
Milgraum  v.  Ost,  12  Am.  B.  R.  306;  129  Fed.  827. 
Omission  of,  may  be  supplied  by  amendment. 
In  re  Meurer,  15  Am.  B.  R.  823;  144  Fed.  445. 
In  re  Gift,  12  Am.  B.  R.  244;  130  Fed.  230. 

In  re  Brown  (C.  C.  A.  5th  Cir.),  7  Am.  B.  R.  252;  112  Fed.  49;  50  C.  C.  A.  118. 
If  verified  by  counsel,  state  reasons  why. 
In  re  BaerncofE  (supra). 
In  re  Bellah,  8  Am.  B.  R.  310;  116  Fed.  69. 

In  re  Osborne  (C.  C.  A.  1st  Cir.),  8  Am.  B.  R.  165;  115  Fed.  1;  52  C.  C.  A.  595. 
In  re  Randall,  20  Am.  B.  R.  305 ;  159  Fed.  298. 
In  re  Peck  (D.  C.  Conn.),  9  Am.  B.  R.  747;  120  Fed.  972. 
See,  In  re  Glass  {supra)  and  Milgraum  v.  Ost  (supra). 
Objection  to  lack  of  verification  may  not  be  made  after  case  is  submitted. 
In  re  Robinson,  10  Am.  B.  R.  477 ;  123  Fed.  844. 

Objection  to  jurat  may  not  be  raised  for  first  time  on  petition  for  review. 
Godshalk  Co.  v.  Sterling  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  302;  129  Fed.  580;  64  C. 
0.  A.  148. 

Objections  to  discharge.     Sec.  14-b  as  amended  1910. 

(1)  "Committed  an  offense  punishable  by  imprisonment,  etc,"  refers  to  Sec.  29-b,  1,  2. 

Concealment  of  property. 

In  re  Breitling  (C.  C.  A.  7th  Cir),  13  Am.  B.  R.  126;  133  Fed.  146;  66  C.  C.  A.  212. 

In  re  Baudouine  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  651 ;  101  Fed.  574;  41  C.  C.  A.  318; 
rev'g  3  Am.  B.  R.  551 ;  96  Fed.  536. 

Vehon  v.  Ullman  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  435;  147  Fed.  694;  78  C.  C.  A.  82. 

As  to  what  constitutes. 

In  re  Meyers,  5  Am.  B.  R.  4;  105  Fed.  353. 

In  re  Brown,  15  Am.  B.  R.  350;  140  Fed.  383. 

In  re  Gaylord,  7  Am.  B.  R.  1 ;  112  Fed.  668. 

"Continuing  concealment." 

In  re  Jacobs  and  ano.,  17  Am.  B.  R.  470;  147  Fed.  797.  In  re  Griffin  Bros.,  19  Am. 
B.  R.  78;  154  Fed.  537.  In  re  Delmour,  20  Am.  B.  R.  405;  161  Fed.  589.  In  re  Alleman, 
20  Am.  B.  R.  745;  162  Fed.  693.     In  re  James,  23  Am.  B.  R.  703. 

A  bankrupt  may  not  plead  advice  of  counsel  for  failure  to  schedule  assets. 

In  re  Remmers.  23  Am.  B.  R.  78. 

"  A  false  oath  in  the  proceeding."     What  constitutes. 

In  re  Goodale,  6  Am.  B.  R.  493;  109  Fed.  783. 

In  re  Hamilton,  13  Am.  B.  R.  333;  133  Fed.  823. 

In  re  Hoyden,  13  Am.  B.  R.  269;  132  Fed.  991. 


FORMS  IN  BANKRUPTCY.  361 

In  re  Luftig.  15  Am.  B.  R.  773;  166  Fed.  322. 

In  re  Natbanson  (D.  C.  N.  Y.),  19  Am.  B.  R.  56;  155  Fed.  64. 

Not  guilty  of  concealment,  for  omitting  worthless  securities  from  schedules. 

In  re  McCrea  (C.  C.  A.  2nd  Cir),  20  Am.  B.  R.  412;  161  Fed.  246;  88  C.  C.  A.  282. 

(2)  Failure  to  keep,  destruction  or  concealment  of  books. 
In  re  Alvord,  14  Am.  B.  R.  264;  135  Fed.  236. 

In  re  Boasberg,  1  Am.  B.  R.  353. 
In  re  Prager,  13  Am.  B.  R.  527;  134  Fed.  1006. 

Godsbalk  Co.  v.  Sterling  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  202;  129  Fed.  580;  64  C. 
C.  A.  148. 

In  re  Ginsberg,  12  Am.  B.  R.  459;  130  Fed.  627. 

In  re  Wolf,  19  Am.  B.  R.  70;  156  Fed.  543. 

In  re  Lewin,  18  Am.  B.  R.  72;  155  Fed.  501. 

In  re  Fades  (C.  C.  A.  7th  Cir.),  16  Am.  B.  R.  30;  143  Fed.  293;  74  C.  C.  A.  431. 

Variance.     In  re  Halsell,  13  Am.  B.  R.  106;  132  Fed.  562. 

As  to  right  of  innocent  partner  to  discharge. 

In  re  Schacter  (D.  C.  N.  Y.),  22  Am.  B.  R.  389;  170  Fed.  683. 

(3)  Obtained  money  or  property  on  credit  upon  materially  false  statement^ 
etc. 

In  re  Terens  (D.  C.  Wis.),  172  Fed.  938. 

In  re  Levey,  13  Am.  B.  R.  312;  133  Fed.  572. 

In  re  Harr,  16  Am.  B.  R.  213;  143  Fed.  421. 

"  The  right  to  object  on  this  ground  not  confined  to  the  person  defrauded  but  belongs 
to  any  party  in  interest." 

In  re  Carton  &  Co.,  17  Am.  B.  R.  343;  148  Fed.  63. 

See,  In  re  Steed,  6  Am.  B.  R.  73;  107  Fed.  682. 

In  re  Dresser  &  Co.  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  561 ;  146  Fed.  383;  76  C.  C.  A. 
655. 

In  re  Pincus.  17  Am.  B.  R.  331 ;  147  Fed.  621. 

In  re  Pfaffinger,  19  Am.  B.  R.  309;  154  Fed.  528;  modf  g  19  Am.  B.  R.  41. 

In  re  Brener,  20  Am.  B.  R.  644. 

In  re  Lewis  (D.  C.  N.  Y.),  20  Am.  B.  R.  711 ;  163  Fed.  137. 

As  to  non-participating  partner. 

In  re  Hardie  &  Co.,  16  Am.  B.  R.  313;  143  Fed.  553. 

False  statement  to  a  commercial  agency.  In  re  Russell  (C.  C.  A.  2nd  Cir.),  23  Am.  B. 
R.  850;  176  Fed.  253. 

In  re  Kyte  (D.  C.  Pa.),  23  Am.  B.  R.  414;  174  Fed.  867. 

In  re  Carton  &  Co.  (supra ) . 

[See  amendment  1910.     Sec.  14-b  (3),  covering  this  point.] 
Where  bankrupt  has  obtained  goods  by  means  of  a  false  statement  there  can  be  no 
discharge  though  the  statement  was  not  intentionally  false. 

In  re  Shaffer  (D.  C.  W.  Va.),  22  Am.  B.  R.  147;  169  Fed.  724. 

(4)  Made  a  fraudulent  transfer. 

In  re  Berry  &  Co.,  15  Am.  B.  R.  360;   146  Fed.  623. 

In  re  Gift,  12  Am.  B.  K.  244;  130  Fed.  230. 

In  re  Miller,  14  Am.  B.  R.  329;   135  Fed.  591. 

In  New  York  a  conveyance  made  before  the  four  months  period  vpith 
intent  to  hinder,  delay,  and  defraud  creditors,  but  recorded  within  such  period 
may  be  pleaded  as  a  groimd  of  objection. 


362  FORMS  IN  BANKRUPTCY. 

In  re  McKane,  19  Am.  B.  R.  103;  153  Fed.  733. 
A  preference,  since  amendment  of  1903,  no  bar. 

In  re  Maher  et  al.  (D.  C.  Mass.),  16  Am.  B.  E.  340;  144  Fed.  503;  afE'g  15  Am. 
B.  R.  786. 

(5)  A  previous  Discharge  in  Voluntary  Proceedings  'V7ithin  six  years. 
See,  In  re  Neely,  12  Am.  B.  R.  407;  134  Fed.  667. 

As  to  when  time  begins  to  run. 

In  re  Little  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  640;  137  Fed.  521;  70  C.  C.  A.  105. 

In  re  Jordan,  15  Am.  B.  R.  449;  142  Fed.  292. 

In  re  Haase,  17  Am.  B.  R.  528;  155  Fed.  553. 

In  re  Smith,  19  Am.  B.  R.  63;   155  Fed.  688. 

(6)  Refusal  to  obey  a  Law^ful  Order  or  to  Answer  a  Material  Question  ap- 
proved by  the  Court. 

In  re  Nachman,  8  Am.  B.  R.  180;   114  Fed.  995. 
In  re  Dresser  (supra.) 

Refusal  to  answer  incriminating  questions. 

In  re  Weinreb  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  387;  153  Fed.  363;  82  C.  C.  A. 
439. 

Evasive  answers. 

In  re  Fanning  (D.  C.  N.  Y.),  19  Am.  B.  R.  55;   155  Fed.  701. 

In  re  Cabus  (D.  C.  N.  Y.),  6  Am.  B.  R.  156. 

Dischargeable  Debts. 

Judgment  in  Conversion. 

Fechter  v.  Postel  (N.  Y.),  17  Am.  B.  R.  316,  114  N.  Y.  App.  Div.  776. 

In  re  Hale,  20  Am.  B.  R.  633;   107  Fed.  432. 

In  re  Ennis  &  Stoppani  (D.  C  N.  Y.),  22  Am.  B.  R.  679;   171  Fed.  755. 

Judgment  for  breach  of  promise  where  there  is  no  allegation  of  seduction  in 
complaint. 

Bond  V.  Milliken,  17  Am.  B.  R.  811;  109  N.  W.  774. 

Finnegan  v.  Hull  (N.  Y.  Sup.  Ct.),  6  Am.  B.  R.  648;   35  N.  Y.  Misc.  773. 

Even  when  coupled  with  an  allegation  of  seduction. 

Disler  v.  McCauley  (N.  Y.  App.  Div.),  7  Am.  B.  R.  138;  66  N.  Y.  App.  Div.  42; 
rev'g,  6  Am.  B.  R.  491. 

Contra. 

In  re  Maples  (D.  C.  Mont.),  5  Am.  B.  R.  426;  105  Fed.  919. 

Non- dischargeable  debts. 

Judgment  for  assault  and  battery,  false  imprisonment  and  malicious  prose- 
cution. 

McChristal  v.  Clisbee,  16  Am.  B.  R.  838;   109  Mass.  120. 

Jud^^ents  for  malicious  and  wilful  injuries  to  person  and  property  of 
another. 

Flanders  v.  Mullin,  18  Am.  B.  R.  708;   80  Vt.  124. 

Thompson  v.  Judy  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  154;   1«9  Fed.  553. 

Judgment  for  alienation  of  affections. 

I^icester  v.  Hoadley,  9  Am.  B.  R.  318;  66  Kan.  172;  71  Pac.  R.  318. 

Judgment  for  libel. 

Nat.  Surety  Co.  v.  Medlock  (Ga.  Ct.  of  App.),  19  Am.  B.  R.  654;  McDonald  v. 
Brown,  10  Am.  B.  R.  58. 

Judgment  for  Crim.  Con.   (N.  Y.  Stat.) 


FORMS  IN  BANKRUPTCY.  363 

Tinker  v.  Colwell  (U.  S.  Sup.),  11  Am.  B.  R.  568;  193  U.  S.  473;  48  L.  Ed.  754, 
aff'g  7  Am.  B.  R.  334;   169  N.  Y.  531. 

Arrears  of  alimony. 

Craine  v.  Craine   (Ky.  C.  C),  19  Am.  B.  R.  76. 

Not  affected  by  discharge. 

Young  V.  Young  (N.  Y.  Sup.  Ct.),  7  Am.  B.  R.  171;   35  N.  Y'.  Misc.  335. 

Turner  v.  Turner,  6  Am.  B.  R.  289;   108  Fed.  785. 

Contra. 

Arrington  v  Arrington   (No.  Car.  Sup.  Ct.),   10  Am.  B.   R.  103. 

Judgment  for  alimony  in  another  state,  a  dischargeable  claim  if  duly 
scheduled. 

In  re  Williams  Est.   (N.  Y.  Sur.  Ct.),  13  Am.  B.  R.  394;    118  N.  Y.  Supp.  562. 

Contract  with  divorced  wife  for  support  not  released. 

Dunbar  v.  Dunbar  (U.  S.  Sup.),  10  Am.  B.  R.  139;  190  U.  S.  340;  aff'g  180 
Mass.  170. 

Non  dischargeable  debts. 

Judgments  for  fraud  and  deceit. 

In  re  Benoit,  20  Am.  B.  R.  270;  124  N.  Y.  App.  Div.  142,  holding  that  the 
fraud  and  deceit  must  have  been  the  gravamen  of  the  action. 

Judgments  in  parents'  action  for  seduction  of  daughter. 

In  re  Freche,  6  Am.  B.  R.  479;   109  Fed.  620. 

See,  In  re  Sullivan,  2  Am.  B.  R.  30. 

Embezzlement  and  misappropriation  of  funds,  in  a  fiduciary  capacity. 

Watertown  Carriage  Co.  v.  Hall  (N.  Y.  Ct.  of  App.),  11  Am.  B.  R.  15. 
aff'g  10  Am.  B.  R.  23. 

In  re  Butts,  10  Am.  B.  R.  16;   120  Fed.  960. 

Tindle  v.  Birkett,  18  Am.  B.  R.  121,  205  U.  S.  183;   51  L.  Ed.  762. 

Harper  v.  Rankin  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  608;  141  Fed.  623;  72  C.  C. 
A.  320. 

In  re  Wenham  (D.  C.  N.  Y.),  16  Am.  B.  R.  690;  153  Fed.  910. 


364  FORMS  IN  BANKRUPTCY. 


FORM  No.  242. 


EXCEPTIONS  TO  SPECIFICATIONS, 


United  States  District  Court, 

District  of 

In  Bankruptcy. 

In  the  Matteb 

OF 


Bankrupt. 


V      No. 


,  the  bankrupt  herein,  by ,  his  attorney, 

hereby  excepts  to  the  specifications  filed  herein  in  behalf  of , 

as  follows : 

1.  He  excepts  to  the  first  of  the  said  specifications  on  the  ground  that  the 
same  is  indefinite,  insufficient,  and  does  not  state  an  offense  under  the  United 
States  Bankruptcy  Act  which  would  be  a  bar  to  the  discharge  of  the  bankrupt, 
to  wit : 


2.  He  excepts  to  the  specification  numbered  " "on  the  ground 

that  the  allegations  contained  in  the  same  do  not  contain  any  specific  averment 
of  fact;  that  the  said  specification  is  vague,  indefinite  and  general;  that  the 
said  specification  does  not  raise  any  issue  that  can  be  met  by  the  bankrupt 
herein,  as  the  said  specification  fails  to  state  what  statements  were  made  by  the 
bankrupt  which  are  stated  to  have  been  knowingly  false  when  made. 

3.  That  the  said  specifications  hereinbefore  excepted  to  should  be  dismissed 
and  stricken  out. 

Dated , ,  19. .. 

> 

Counsel  for  hanJcrupt, 
Street, 


NOTES. 

In  re  Wittenberg,  20  Am.  B.  E.  398;   160  Fed.  991. 
Failure  to  except  waives  defects. 


FORMS  IN  BANKRUPTCY.  365 

In  re  Baerncopf,  9  Am.  B.  R.  133;  117  Fed.  975. 
See,  In  re  Crist,  9  Am.  B.  li.  1;   116  Fed.  1007. 

In.sufTiciency   of   specifications   to   state   any   statutory   g-round   of   objection 
to  discharg-e,  not  waived  by  failure  of  bankrupt  to  except  thereto. 
In  re  McCarthy  (D.  C.  N.  Y.),  22  Am.  B.  R,  498;  170  Fed.  859. 


FORM  No.  243. 


PETITION  TO  AMEND  SPECIFICATIONS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


>      No. 


To  the  District  Court  of  the  United  States  for  the District 

of : 

The  petition  of respectfully  shows : 

1.  That  he  is  an  objecting  creditor  herein,  whose  claim  has  been  duly  filed 
and  allowed. 

3.     That was  duly  adjudicated  herein  on  the 

day  of ,  19-  •,  a"d  thereafter  on  the day  of , 

19. .,  filed  his  petition  praying  for  a  discharge  from  his  debts. 

3.     That  your  petitioner  on  the day  of 

19. .,  duly  filed  specifications  of  objection  to  such  discharge  upon  the  following 
grounds : 

First :   


Second : 


4.     That  the  bankrupt  has  excepted  to  the  specification  numbered 

on  the  ground  that  "  same  is  indefinite,  too  general   and  does  not  make 
sufficient  averment  of  fact." 


366  FORMS  IN  BANKRUPTCY. 

5.  That  since  your  petitioner  verified  and  filed  his  said  specifications, 
additional  facts  as  to  the  bankrupt's  acts,  conduct  and  property,  have  come  to 
his  knowledge,  and  petitioner  is  desirous  of  amending  his  said  specifications  in 
the  following  particulars : 

a.     By  adding  more  specific  averments  of  fact  to  specifications  numbered 


h.  By  adding  to  said  specifications,  a  new  specification  based  upon  the 
following  facts  discovered  by  petitioner  since  the  filing  of  said  specifications. 

6.     That  no  previous  application  has  been  made  for  this  order. 

Wherefore,  your  petitioner  respectfully  prays  for  an  order  permitting  him  to 
amend  his  said  specifications  as  above  set  forth,  and  for  such  other  and  further 
relief  as  may  be  just  and  proper. 


Petitioner. 
(Verification.) 

NOTES. 

Amendments  of  specifications. 

In  re  Quackenbush,  4  Am.  B.  R.  274;  102  Fed.  282. 

In  re  Carley,  8  Am.  B.  R.  720;   117  Fed.  130. 

In  re  Hixon,  1  Am.  B.  R.  610;  93  Fed.  440. 

In  re  Morgan,  4  Am.  B.  R.  402;   101  Fed.  982. 

In  re  Mudd,  5  Am.  B.  R.  242;   105  Fed.  348. 

In  re  Nathanson,  18  Am.  B.  R.  252;   152  Fed.  585. 

In  re  Osborne  (C.  C.  A.  1st  Cir.),  8  Am.  B.  R.  165;  115  Fed.  1;  52  C.  C.  A.  595. 

In  re  Hendrick,  14  Am.  B,  R.  795;   138  Fed.  473. 

In  re  Wittenberg,  20  Am.  B.  R.  398;   160  Fed.  991. 
-     In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 

In  re  Glass,  9  Am.  B.  R.  391;    119  Fed.  509. 

Motions  to  amend  should  be  made  before  the  judge. 

In  re  Peck,  9  Am.  B.  R.  747;   120  Fed.  972. 

Referee  no  power  to  grant.  In  re  Wolfensohn,  5  Am.  B.  R.  60;  In  re  Kaiser, 
3  Am.  B.  R.  767;  99  Fed.  689. 

Objections  to  sufficiency  waived  unless  made  before  trial. 

In  re  Osborne  (C.  C.  A.  1st  Cir.),  (supra.). 

In  re  Baldwin,  9  Am.  B.  R.  591;  119  Fed.  796. 

In  re  Servis,  15  Am.  B.  R.  271;   140  Fed.  222. 

In  re  Baemcopf,  9  Am.  B.  R.  133;  117  Fed.  975. 

Contra. 

In  re  Criss,  9  Am.  B.  R.  1;  116  Fed.  1007. 

When  amendment  not  allowed. 

In  re  Bromley,  18  Am.  B.  R.  227;   152  Fed.  493. 

When  there  has  been  laches. 

Kentucky  Nat.  Bank  v.  Carley  (C.  C.  A.  3rd  Cir.),  10  Am.  B.  R.  375;  121  Fed.  822; 
68  C,  C.  A.  412. 

In  1906  it  v?as  divided  into  three  colonies,  Gabun,  capital  Libreville;  Middle 
Congo,  capital  Brazzaville;  and  Uhangi-Shari-Chad,  capital  Fort  de  Possel.  There  are 
also  several  vassal  states,  as  Wadai,  Bagirmi,  etc. 


FORMS  IN  BANKRUPTCY.  367 

FORM  No.  244. 

ORDER  OF  REFERENCE  TO  SPECIAL  MASTER. 

United  States  District  Court, 

for  the District  of , 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


y   No. 


Application  having  been  made  by  the  above  named  bankrupt  for  a  discharge 

herein  and  a  hearing  held  thereon,  and ,  a  creditor  of  said 

bankrupt,  having  appeared  by Esq.,  his  attorney,  in 

opposition,  and  filed  specifications  of  objection  thereto;  now,  on  motion  of 
Esq.,  attorney  for ,  it  is 

Ordered,  that  the  issues  raised  by  such  application  and  such  specifications  of 

objection  be  referred  to    Esq.,  as  special  master,  for 

examination,  testimony  and  report. 

Witness,  the  Honorable  ,  Judge  of  the  said  court,  and 

the  seal  thereof,  at  the  City  of ,  in  said  district  on  the 

day  of ,19... 


B.J. 
NOTES. 

Reference  to  special  master. 

See  sec.  38-a,  (4). 

General  Order,  XH,  (3). 

Referee  as  such,  no  jurisdiction. 

Therefore  it  is  almost  universal  to  refer  contested  discharges  to  him  as 
Special  Master  to  hear  and  report. 

In  Southern  district  of  New  York  and  other  districts,  the  order  of  reference 
is  stamped  on  the  papers,  in  others  an  order  of  reference  as  above  is 
used. 

Fellows  V.  Freudenthal,  4  Am.  B.  R.  490;  102  Fed.  731;  In  re  McDuff,  4  Am. 
B.  R.  110;   101  Fed.  241;   In  re  Rauchenplat,  9  Am.  B.  R.  763. 

In  re  Johnson,  19  Am.  B.  R.  814;   158  Fed.  342, 

In  re  Elby,  19  Am.  B.  R.  734;   157  Fed.  935, 


368  FORMS  IN  BANKRUPTCY. 

Special  Master  may  pass  on  relevancy  of  testimony  or  materiality  of  evi- 
dence. 

In  re  Kaiser,  3  Am.  B.  R.  767;  99  Fed.  689. 

Evidence. 

Upon  the  hearing,  the  testimony  of  witnesses  other  than  the  bankrupt  him- 
self taken  at  first  meeting  or  elsewhere  is  inadmissible  in  support  of  specifi- 
cations. 

In  re  Wilcox  (C.  C.  A.  2nd  Cir.),  6  Am.  B.  R.  362;  109  Fed.  628;  48  C.  C.  A. 
567. 

Such  testimony  of  bankrupt  is  admissible  as  admissions  against  interest. 
In  re  Goodhile,  12  Am.  B.  R.  380;  130  Fed.  782. 
In  re  Leslie,  9  Am.  B.  R.  561;  119  Fed.  406. 


FORMS  IN  BANKRUPTCY.  369 


FORM  No.  245. 
NOTICE  OF  hi:a.ring  before  special  bcasteb. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


No. 


Please  take  notice  that  the  issues  raised  by  the  specifications  of  objection  to 

the  discharge  of  the  above  named  bankrupt,  filed  by , 

have  been   duly  referred   to    ,   Esq.,   as   special   master 

(or  referee)  for  examination,  testimony  and  report  and  that  a  hearing  will 
be  held  upon  said  specifications  at  the  office  of  the  said  special  master  (or 

referee)  No ,  City  of ,  on  the day  of 

,  19 . . ,  at o'clock  . . .  M.,  and  a  motion  made  to 

dismiss  the  said  specifications,  and  for  such  other  and  further  relief  as  to  the 
court  may  seem  just  and  proper. 

Dated , ,  19. .. 


Attorney  for  bankrupt, 

Street, 

City  of 

To 

Esq. 

Attorney  for  creditors, 


NOTES. 

In  the  Eastern  district  of  New  York  it  is  the  duty  of  the  objecting  creditors 
to  bring'  on  the  hearing-  before  special  master. 

In  re  Eldred,  18  Am.  B.  R.  243;   152  Fed.  491. 

By  rule  XXI  in  Southern  District  the  bankrupt  must  bring  on  the  hearing 
within  30  days. 


370  FORMS  IN  BANKRUPTCY. 


FORM  No.  246. 

REPORT  OF   SPECIAL  MASTER  ON   SPECIFICATIONS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


y     No. 


To  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  in  said  District : 

I,  the  undersigned,  referee  in  bankruptcy,  to  whom  as  special  master  the 
issues  upon  the  specifications  herein  were  duly  referred,  to  ascertain  and  report 
the  facts,  respectfully  report  as  follows : 

That  the  said  issues  were  brought  on  for  hearing,  and  I  was  attended  upon 
said  hearing  by  the  counsel  for  the  opposing  creditor  and  the  counsel  for  the 
bankrupt,  and  that  testimony  was  adduced  thereon,  the  stenographic  minutes 
of  which  are  herewith  filed,  marked  "  Schedule  A."  That  the  specifications 
were  filed  on  behalf  of ,  a  creditor,  and  which  are  sub- 
stantially as  follows: 

1.  That  the  said  bankrupt  knowingly  and  fraudulently  concealed  from  his 
trustee,  etc.,  property  belonging  to  his  estate  in  bankruptcy,  to  an  amount  of 

about  $ ,  alleged  to  have  been  realized  by  him  from  the  sale  of 

stock  bequeathed  him. 

2.  That  he  knowingly  and  fraudulently  concealed,  etc.,  other  property 

belonging  to  his  said  estate  in  bankruptcy,  consisting  of  his  salary  of  $ 

per  year,  paid  to  his  wife  and  alleged  to  have  been  held  by  her  for  said 
bankrupt. 

3.  That  he  knowingly  and  fraudulently  made  false  oath  in  these  proceed- 
ings in  omitting  from  his  schedules,  the  above  mentioned  property. 

4.  With  fraudulent  intent  to  conceal  his  true  financial  condition  and  in  con- 
templation of  bankruptcy,  he  destroyed  certain  records  etc. 

5.  That  with  like  intent  and  in  like  contemplation,  he  failed  to  keep  books 
of  account,  etc.  r 


FORMS  IN  BANKRUPTCY.  371 

6.     Knowingly  and  fraudulently  made  false  oath  in  omitting  from  his 

schedules  $ alleged  to  have  been   in  his  possession  or  under  his 

control.     The  testimony  shows,  in  substance,  that  in  or  about  the  year , 

tiie  bankrupt  received  by  bequest  the  following :     


that  he  disposed  of  said  property  from  time  to  time  and  received  therefor 
about  $ The  bankrupt  testified  as  follows : 


The  bankrupt's  wife  testified  as  follows : 


Findings  of  Fact. 

The  only  witnesses  produced  were  the  bankrupt  and  his  wife,  and  their 
testimony  is  uncontradicted.  There  is  therefore,  no  direct  evidence  that  any 
other  disposition  was  made  of  the  property  than  to  which  the  bankrupt 
testified,  and  the  claim  that  that  amount  or  any  considerable  part  of  it,  is 
still  in  the  bankrupt's  possession  seems  to  rest  chiefly  upon  the  improbability  of 
their  testimony.  No  attempt  was  made  to  contradict  the  statement  of  losses 
in  stock  speculation  by  calling  the  broker  through  whom  said  speculations 

were  had,  or  other  witnesses.     The  bankrupt's  account  in  the 

Bank    tends   to   corroborate   his   testimony,    showing,    as    it    does,    that    he 

expended  over  $ between ,  19 .  .  and 

.  . . .,  19. .,  during  which  period  he  had  no  source  of  income  excepting  this 
bequest,  and  his  stock  speculations. 

I  recall  nothing  in  the  testimony  before  me  which  would  justify  a  finding 
of  fact  that  any  part  of  the  proceeds  of  this  property  is  in  the  hands  of  the 
bankrupt  and  concealed  from  his  trustee,  and  the  same  remark  applies  to  the 

sum  of  $ or  less  which  the  bankrupt  received  as  the  proceeds  of 

real  estate  devised  to  him  by  his  father. 

I  am  confirmed  in  this  opinion  by  the  statement  in  the  schedules  in  which 

of  the  total  liabilities,  over  $ appears  to  have  been  for  money  borrowed 

by  the  bankrupt,  and  with  the  exception  of  $ borrowed  by  the 

bankrupt  during  the  year  19. . ,  . 

In  regard  to  the  payment  of  the  bankrupt's  salary  to  his  wife,  the  testimony 
of  both  the  bankrupt  and  his  wife  is  as  follows:    


The  bankrupt  did  not,  it  appears,  keep  books  of  account,  but  inasmuch  as  the 


372  FORMS  IN  BANKRUPTCY. 

testimony  shows  that  prior  to  his  present  employment,  he  was  in  no  business, 
and  that  in  his  present  employment  on  a  salary,  there  seems  to  be  no  occasion 
for  keeping  a  set  of  books,  I  do  not  think  his  failure  to  keep  such  books  can 
be  considered  as  militating  against  his  discharge. 

So  also  as  to  the  alleged  destruction  of  the  books  referred  to  in  the  fourth 
specification,  while  the  bankrupt  admits  that  he  destroyed  some  memoranda 
of  stock  transactions,  I  see  no  evidence  from  that  fact,  or  elsewhere  in  the 
testimony  before  me,  of  any  fraudulent  intent  on  his  part  to  conceal  his  true 
financial  condition  by  so  doing. 

Conclusions  of  Law. 

For  the  foregoing  reasons,  I  am  of  the  opinion  that  the  specifications  have 
not  been  sustained,  and  that  the  bankrupt  is  entitled  to  his  discharge. 
All  of  which  is  respectfully  submitted. 
Dated ,19... 


Referee  in  hanhrwptcy,  as 
Special  Master. 

[Contra,  if  findings  of  fact  against  bankrupt.] 

NOTES. 

Report  of  referee  or  special  master. 

Referee  should  find  the  facts  and  state  his  conclusions  of  law. 

In  re  Steed  and  Curtis,  6  Am.  B.  R.  73;   107  Fed.  682. 

In  Southern  district  of  New  York  it  is  Referee's  duty  to  take  and  report  the 
testimony  with  rulings  thereon,  and  he  may  reserve  decision  as  to  admissibility 
of  testimony  in  certain  cases. 

In  re  Knaszak,  18  Am.  B.  R.  187;  151  Fed.  503. 

Should  not  base  a  finding  upon  the  original  examination  of  the  bankrupt 
before  him  as  referee. 

In  re  Murray  (D.  C.  Conn.),  20  Am.  B.  R.  700;  162  Fed.  983. 

Rules  governing  in  Connecticut,  as  stated. 

In  re  Walder,  18  Am.  B.  R.  419;  152  Fed.  489. 

Special  Master  should  pass  upon  all  the  grounds  of  objection  set  forth  in 
specifications. 

In  re  Haskell  (D.  C.  N.  Y.),  20  Am.  B.  R.  914;   164  Fed.  301. 


FORMS  IN  BANKRUPTCY.  373 


FORM  No.  247. 

ARRANGEMENT  OF  PAPERS  ON  CONTESTED  DISCHARGE  (REQUIRED 
IN  SOUTHERN  DISTRICT  OF  NETV  YORK). 

Papers  constituting  "  Record  on  objections  to  discharge  "  should  be  arranged 
in  following  order. 

1.  Appearances. 

2.  Specifications. 

3.  Exceptions  thereto  (if  any). 

4.  Notice  of  hearing  with  proof  of  service. 

5.  Testimony. 

6.  Report. 


FORM  No.  248. 

ORDER  OPENING  DEFAULT  ON  DISCHARGE  PROCEEDING. 

At  a  Stated  Term     of  the  United  States 

District  Court  for  the District 

of  ,  held  at  the  United  States 

Court  House,  City  of ,  on 

the day  of ,  19 . . . 

Present : 

Hon , 

District  Judge. 


In  the  Matter 
OP 


bankrupt. 


No. 


A  motion  having  been  made  to  reopen  the  default  herein  and  to  restore  the 
bankrupt's  application  for  discharge  to  the  calendar  of  this  court,  and  the 
same  having  come  on  for  hearing,  now,  upon  reading  and  filing  the  petition  of 


374  FORMS  IN  BANKRUPTCY. 

J  bankrupt  herein,  duly  verified,  the  notice  of  motion  and 

the  petition  for  discharge  herein,  dated ,  19. .,  and  the 

order  to  show  cause  thereon  and  all  the  proceedings  heretofore  had  herein,  and 

after  hearing •  • .,  attorney  for  said  bankrupt  in  support  of 

said  motion,  and in  opposition  thereto,  it  is  on  motion 

of ,  attorney  for  bankrupt. 

Ordered,  that  the  application  for  discharge  herein  be  and  hereby  is  re-opened 
and  the  clerk  of  this  court  directed  to  restore  same  to  the  call  calendar  for 

discharges  for . . . .,  19. .,  with  leave  to  creditors  who  have 

filed  notices  of  appearance  herein,  to  file  specifications  of  objection  upon  the 
merits. 


D.J. 


FORM  No.  249. 

ORDER  DENYING  DISCHARGE  UPON  REPORT  OF  SPECIAL  MASTER. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


Application  having  been  made  by ,  a  bankrupt,  for  a  dis- 
charge herein,  and  specifications  of  objection  having  been  filed  thereto  by 

,  a  creditor  and  party  in  interest,  and  such  specifications 

having  been  referred  to Esq.,  as  special  master,  to  ascertain 

and  report  the  facts  with  his  opinion,  and  such  special  master  having  filed  his 

report  dated 19.  .,  and  recommended  that  such  specifications  be 

sustained,   (and  exceptions  to  such  report  having .  been  duly  filed,  by  said 

bankrupt,  and  the  same  having  been  argued)  ;  and  after  hearing ,  Eeq., 

attorney  for  such  objecting  creditor,  for  the  motion,  and ,  Esq., 

attorney  for  the  bankrupt,  in  opposition  thereto,  now  on  motion  of , 

attorney  for  the  objecting  creditor,  it  is 


FORMS  1>J  BANKRUPTCY..  3.7.5 

Ordered,  that  the  report  of  the  said  special  master  be,  and  it  hereby  is  in  all 
respects  confirmed ; 

That  the  specifications  of  objection  of ,  a  creditor  and 

party  in  interest  herein,  be,  and  the  same  hereby  are  sustained ; 

That  the  application  for  discharge  of  the  said ,  bankrupt, 

be>  and  the  same  hereby  is  denied. 

h.  J. 
NOTES. 

Findinjjs  of  Special  Master  upon  conflicting  testimony,  not  disturbed  wEefe 
there  is  sufficient  testimony  to  support  the  findings. 

In  re  Forth  (D.  C.  N.  Y.),  18  Am.  B.  R.  186;   151  Fed.  95. 
In  re  Knaszak  (D.  C.  N.  Y.),  18  Am.  B.  K.  187;  151  Fed.  503. 


376  FORMS  IN  BANKRUPTCY. 


FORM  No.  250. 

PETITION  FOR  EXTENSION  OF  TIME  TO  APPLY  FOR  DISCHARGE. 

United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  thb  Matteb 
or 


bankrupt. 


No. 


To  the  Honorable , 

District  Judge: 

Your  petitioner  respectfully  shows: 

That  he  is  the  bankrupt  herein. 

That  more  than  twelve  and  less  than  eighteen  months  have  elapsed  since  the 

day  of ,  19. .,  the  date  petitioner  was  adjudicated 

bankrupt. 

That  he  was  unavoidably  prevented  from  filing  an  application  for  a  discharge 
within  twelve  months  after  such  adjudication  for  the  following  reasons : 


That  he  desires  to  file  such  application  and  secure  a  discharge. 

That  no  previous  application  has  been  made  for  the  order  hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  an  order  extending  his  time  to  file  such 
petition  for  discharge  until  the  expiration  of  eighteen  months  from  the  date 
of  such  adjudication. 

Dated ,19... 


Petitioner, 
(Verification.) 

NOTES. 

Petition  for  leave  to  file  after  expiration  of  time  limit  must  show  that 
bankrupt  was  unavoidably  prevented  during  whole  period  in  which  he  should 
apply. 


FORMS  IN  BANKRUPTCY.  377 

In  re  Harris  &  Algor,  15  Am.  B.  R.  705. 

"  Overlooked  by  attorney  ",  not  sufficient. 

In  re  Anderson,  14  Am.  B.  R.  221;  134  Fed.  319. 

In  re  Lewin,  14  Am.  B.  R.  358;   135  Fed.  252. 

Proof  of  allegations  of  petition  should  be  given  before  the  referee. 

In  re  Glickman  &  Pisnoff  (D.  C.  Pa.),  21  Am.  B.  R.  171;   164  Fed.  209. 

Remedy  where  Court  has  permitted  filing  after  statutory  time  has  expired. 

In  re  Haynes  &  Sons,  10  Am.  B.  R.  13;   122  Fed.  560. 

See,  In  re  Fahy,  8  Am.  B.  R.  354;  116  Fed.  239. 

See,  In  re  Bimberg,  9  Am.  B.  R.  601;  121  Fed.  942. 

Notice  to  creditors  of  application  unnecessary  in  Eastern  District  of  N.  Y. 

In  re  Fritz,  23  Am.  B.  R.  84;  173  Fed.  560. 

[So,  also,  in  many  other  districts.] 


378  FORMS  IN  BANKRUPTCY. 


FORM  No.  251. 

BEFEREE'S    CERTIFICATE    ON    APPLICATION    FOR     EXTENSION    OF 

TIME. 

In  the  District  Court  of  the  United  States  for  the District 

of , 

In  Bankruptcy. 


In  thb  Matteb 

OP 


y  No. 


bankrupt. 


To  the  Honorable ,  District  Judge : 

I, ,  referee  in  bankruptcy  in  charge  of  this  proceeding,  do 

hereby  certify : 

That  the  above-named  bankrupt  was  adjudicated  herein  on  the day 

of ,  19... 

That,  from  the  files  and  records  of  such  proceeding  and  any  information 
possessed  by  me,  there  appears  no  reason  why  such  bankrupt's  petition  for 
an  extension  of  time  to  file  application  for  a  discharge  should  not  be  granted ; 
and  that,  in  my  opinion,  such  bankrupt  has  not  been  guilty  of  laches  in  apply- 
ing for  his  discharge. 

I,  therefore,  recommend  that  his  petition  for  extension  of  time  be  granted. 

Dated, , , , ,  19. .. 


Referee  in  Bankruptcy. 

NOTES. 

This  certificate  is  not  required,  but  is  often  applied  for,  the  referee  having  all  the  facts 
before  him. 

If  reasons  against  the  granting  of  the  petition  or  any  facts  which  should  be  brought  to 
the  attention  of  the  judge  exist,  referee  should  state  them. 


FORMS  IN  BANKRUPTCY. 


379 


FORM  No.  252. 

ORDER  EXTENDING  TIME   TO  APPLY  FOR   DISCHARGE. 

In  the  District  Court  of  the  United  States  for  the District 

of , 

In  Bankruptcy. 


In  the  Matter 

OF 


BanTcnipt. 


>     No. 


A  petition  praying  for  an  extension  of  time  to  apply  for  discharge,  as  provided 
in  §  14-a  of  the  Bankruptcy  Act,  having  been  filed  by  the  above-named  bank- 
rupt, and  an  order  to  that  effect  having  been  recommended  by , 

Esq.,  the  referee  in  bankruptcy  in  charge  of  this  proceeding;  now,  on  motion 
of ,  Esq.,  attorney  for  said  bankrupt. 

It  is  ordered : 

That  tlie  time  of ,  the  bankrupt  herein,  to  apply  for  a  dis- 
charge be,  and  the  same  hereby  is,  extended  for days  from  the 

day  of 19... 

Witness,  the  Honorable ,  Judge  of  the  said  court,  and  the 

seal  thereof,  at  the  city  of ,  in  said  district,  on  the 

day  of ,19... 


B.J. 


380  FORMS  IN  BANKRUPTCY. 

FORM  No.  253. 

AFFIDAVIT  FOR  CANCELLATION  OF  A  JUDGMENT  AGAINST  BANK- 
RUPT (NEW  YORK  PRACTICE). 

Court, 

County. 


of 


In   the   matter   of   the    application 
of 

a  Bankrupt,  to  have  a  certain  Judg- 
ment of  

Cancelled  and  Discharged  of  Record. 

State  of ,) 

County  of J 

being  duly  sworn,  deposes  and  says : 

1.  That  on  the day  of ,  19. .,  in  this  court 

recovered  a  judgment  against  deponent  for  the  sum  of  $ ,  and 

same  was  duly  docketed  in  the  office  of  the  county  clerk  of  the  county 

of That  the  debt  upon  which  said  judgment  was  obtained, 

Avas  not  created  by  fraud,  nor  such  as  would  not  be  dischargeable  in  bankruptcy. 

2.  That  on  the day  of 19.  . ,  deponent  was  duly 

adjudicated  a  bankrupt  in  the  district  court  of  the  United  States  for  the 

district  of ,  and  thereafter  on  the day 

of ,  19.  .,  was  duly  discharged  of  his  debts  in  said  court  and  a 

copy  of  said  certificate  of  discharge  is  hereto  annexed  marked,  Exhibit  "  A." 

3.  That  more  than  one  year  has  elapsed  since  the  entry  of  said  order  of 
discharge. 

4.  That  the  debt  evidenced  by  judgment  of aforesaid  was 

duly  scheduled  in  said  bankruptcy  proceedings,  a  copy  of  which  schedules  is 
hereto  annexed,  marked  Exhibit  "  B,"  and  deponent  was  discharged  there- 
from. 

5.  That  said  judgment  still  stands  of  record  in  this  court  against  deponent. 

6.  No  previous  application  has  been  made  for  the  order  asked  for  herein. 
Therefore  deponent  asks  that  said  judgment  of be  cancelled 

and  discharged  of  record. 

Sworn  to  before  me  this  ) 

day  of ,  19...  3 

[Annex  exhibits.] 


FORMS  IN  BANKRUPTCY.  381 


NOTES. 

Cancellation  and  Discharge  of  Judgment  against  Bankrupt,  (New  York 
Practice). 

Consolidated  La^7B  "Debtor  and  Creditor  La'w,"  Chap.  12,  Sec.  150,  replac- 
ing  sec.  1268,  Code  of  Civil  Procedure. 

Consolidated  Laws  "  Debtor  and  Creditor  Law,"  replacing  sec.  1268,  Code  of 

Notice  of  motion  with  copies  of  all  papers  must  be  served  on  judgment 
creditor  or  his  attorney  of  record. 

Provisions  mandatory. 

Arnold  v.  Oliver,  64  How.  452;  Eberspacher  v.  Boehm,  11  N.  Y.  Supp.  404; 
Firestone  Tire  &  Rubber  Co.  v.  Agnew  et  al.  (N.  Y.  Ct.  of  Appeals),  194  N.  Y.  165; 
21  Am.  B.  R.  292. 

N.  Y.  Institution,  etc.,  v.  Crockett,  117  App  Div.  269;  17  Am.  B.  R.  233. 

Hussey  v  Judson,  11  Am.  B.  R.  521;  43  N.  Y.  Misc.  370. 

Section  applies  to  a  judgment  recovered  after  the  filing  of  the  petition  upon 
a  previous  indebtedness. 

Crouse  v.  Whittelsey,  15  N.  Y.  Supp.  851. 

Applies  to  debt  due  State. 

In  re  Brandreth,  14  Hun  585. 

Applies  to  judgment  entered  after  discharge  upon  provable  debt. 

Walker  v.  Muir  (N.  Y.  Ct.  of  App.),  21  Am.  B.  R.  593;  194  N.  Y.  420;  aff'g  S.  C, 
21  Am.  B.  R.  278;   127  App.  Div.  163. 

After  death  of  judgment  debtor  the  burden  is  upon  judgment  creditor  to 
show  that  judgment  had  not  been  released  by  the  discharge. 

In  re  Peterson,  22  Am.  B.  R.  549. 

Where  a  partner  was  not  served  in  an  action  against  his  firm,  and  no  indi- 
vidual judgment  was  entered  against  him,  he  is  not  entitled  to  a  cancellation  of 
the  judgment  on  his  discharge  in  bankruptc3%  where  there  was  no  adjudication 
in  that  proceeding  as  to  the  partnership  debt. 

In  re  application,  etc.,  of  Gruber  v.  Knobloch,  21  Am.  B.  R.  467;  129  App.  Div. 
297. 

Dodge  v.  Kaufman,  15  Am.  B.  R.  542;   46  N.  Y.  Misc.  248. 
As  to  partnership  debt. 

Berry  Bros.  v.  Sheehan,  17  Am.  B.  R.  322,  115  N.  Y.  App.  Div.  488. 

In  re  Quackenbush  (N.  Y.  Sup.),  19  Am.  B.  R.  647;   122  N.  Y.  App.  Div.  456. 

"When  granted. 

Judgment  for  conversion. 

Fechter  v.  Postel,  17  Am.  B.  R.  316;   114  N.  Y.  App.  Div.  776. 

When  application  denied. 

Debt  created  by  fraud. 

Kaufman  v.   Lindner   (City  Ct.),  6  Civ.  Proc.  R.   148. 

BuUis  v.  O'Beirne  (U.  S.  Sup.),  13  Am.  B.  R.  108;   195  U.  S.  606;  49  L.  Ed.  340. 

Judgment  for  criminal  conversation,  necessarily  involving  malice. 

Tinker  v.  Cohvell  (U.  S.  Sup.),  11  Am.  B.  R.  568;  193  U.  S.  473;  48  L.  Ed.  754; 
aTg  7  Am.  B.  R.  334;   169  N.  Y.  531. 

Denied  where  it  appears  judgment  creditor  had  no  notice,  and  address  was 
incorrectly  stated  in  schedules. 

Murphy  v.  Blumenreich,  19  Am.  B.  R.  910;  123  N.  Y.  App.  Div.  645;  In  re  appli- 
cation, etc..  of  Quackenbush,  122  N.  Y.  App.  Div.  456;  19  Am.  B.  R.  647;  Columbia 
Bank  v.  Birkott,  12  Am.  B.  R.  691;   105  U.  S.  345;  aff'g  S.  C,  9  Am.  B.  R.  481;   174 


382  FORMS  IN  BANKRUPTCY. 

N.  Y.  112;  Weidenfeld  v.  Tillinghast  (N.  Y.  City  Ct.),  18  Am.  B.  R.  531;  54  N.  Y. 
Misc.  90;  Cagliostro  v.  Indelle,  17  Am.  B.  R.  685;  58  N.  Y.  Misc.  44;  Schiller  v. 
Weinstein,  15  Am.  B.  R.  183;  47  N.  Y.  Misc.  622;  Sutherland  v.  Lasher,  11  Am.  B.  R. 
780;  41  Misc.  249,  aff'd  87  App.  Div.  633. 

Burden  of  proof. 

Weidenfeld  v.  Tillinghast   {supra). 

Effect  of  failure  to  have  provable  judgment  cancelled  of  record. 

In  re  Peterson,  22  Am.  B.  R.  549. 


FORM  No.  254. 

PETITION  TO  REVOKE  DISCHARGE. 

United  States  District  Court, 

for  the District  of t 

In  Bankruptcy. 


In  the  Matter 

OF 


^Bankrupt. 


y   No. 


To  Hon ,  Judge  of  the  District  Court  of  the  United 

States  for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  a  creditor  herein  whose  claim  has  been  filed  and  allowed  at 
the  sum  of  $ and  is  affected  by  the  discharge  herein. 

2.  That  on  the day  of 19 .  . ,  the  above  named 

was  duly  adjudged  a  bankrupt  in  this  court  and  thereafter 

was  discharged  from  his  debts  by  order  dated  the day  of 

19.  .,  and  that  one  year  has  not  yet  expired. 

3.  That  since  the  granting  of  said  discharge,  the  following  facts  have  come 
to  the  knowledge  of  petitioner : 

[Here  set  forth  specifically  facts  constituting  ground  for  revoking  discharge.] 
That  petitioner's  sources  of  information  are  as  follows : 


4.  Your  petitioner  alleges  that  the  actual  facts  as  above  set  forth,  did  not 
warrant  the  discharge  of  said  bankrupt  and  that  said  discharge  was  obtained 
through  the  fraud  of  the  bankrupt. 


FORMS  IN  BANKRUPTCY.  383 

5.  That  petitioner  had  no  knowledge  of  the  actual  facts  as  above  set  forth 
at  the  time  of  the  granting  of  the  bankrupt's  discharge, 

6.  That  no  previous  application   has  been  made  for  the  order  herein. 
Wherefore  your  petitioner  prays  for  an  order  revoking  and  setting  aside  on 

the  ground  of  fraud  the  discharge  of  the  said ,  bankrupt,  and 

for  such  other  and  further  relief  as  may  be  just  and  proper  in  the  premises. 


Petitioner. 
(Verification.) 


FORM  No.  255. 

ORDER  REVOKING  DISCHARGE. 

At  a  Stated  Term  of  the  District  Court  of 

the  United  States  for  the District 

of ,  held  at  the  Court  House, 

City  of ,  on  the 

day  of ,19... 

Present : 

Hon , 

District  Judge. 


In  the  Matteb 

OF 


bankrupt. 


y    No. 


,  a  creditor  with  a  provable  claim  herein,  having  filed 

a  petition  duly  verified,  praying  that  the  discharge  of  the  above  named  bankrupt 

granted  on  the day  of 19 .  .,  be  revoked  and  set  aside 

for  fraud  of  said  bankrupt  in  obtaining  said  discharge,  and  the  said  bankrupt 
having  filed  his  verified  answer  thereto  and  the  matter  having  been  duly  heard 
before  this  court, 

Now,  upon  reading  and  filing  the  petition  of ,  a  creditor 

herein,  verified  the day  of ,  19.  .  and  the  answer  of 

said  bankrupt,  verified  the   day  of ,  19.  .   and  after 

hearing in  support  of  said  motion  and 

in  opposition  thereto,  and  sufficient  cause  appearing  to  me  therefor,  it  is 


384  FORMS  IN  BANKRUPTCY. 

Ordered,  adjudged,  and  decreed  that  the  discharge  granted  herein  to 

on  the day  of ,  19 . .  be  and  hereby  is 

revoked  and  set  aside  and  the  proceeding  reinstated. 


D.J. 

NOTES. 

Revoking  discharge. 
Sec.  15. 
Cross  reference  sec.  2,  (12),  14,  21-f,  29  b  64-a 
"Who  may  apply. 
Parties  in  interest. 

"Not  guilty  of  undue  laches." 

In  re  Hawk  (C.  C.  A.  8th  Cir.),  8  Am.  B.  R.  71;  114  Fed.  916;  52  C.  C.  A.  536. 

In  re  Upson,  10  Am.  B.  R.  758;  124  Fed.  980. 

In  re  Oleson,  7  Am.  B.  R.  22;  110  Fed.  796. 

Arrington  v.  Arrington,  13  Am.  B.  R.  89;   132  Fed.  200. 

In  re  Griffin  Bros.,  19  Am.  B.  R.  78;   154  Fed.  537. 

"Within  one  year  arfter  discharge. 
In  re  Bimberg,  9  Am.  B.  R.  601 ;   121  Fed.  942. 
In  re  Hawk   (supra). 

Kentucky  Nat.  Bank  of  Louisville  v.  Carley  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  E. 
119;  121  Fed.  822;  58  C.  C.  A.  158. 

Upon  a  trial. 

Hearing  before  the  judge  or  special  master  is  a  trial. 

Obtained  through  the  fraud  of  the  bankrupt. 

Fraud  only  ground  for  revocation. 

In  re  Meyers  (D.  C.  N.  Y.),  3  Am.  B.  R.  722;  100  Fed.  775. 

In  re  Roosa,  9  Am.  B.  R.  531 ;  119  Fed.  542. 

In  re  Hansen,  5  Am.  B.  R.  747;  107  Fed.  2.52. 

In  re  Hoover,  5  Am.  B.  R.  247 ;  105  Fed.  354. 

In  re  Griffin  Bros.,  19  Am.  B.  R.  78;  154  Fed.  537. 

Knowledge  of  the  fraud,  etc.— Essential  and  jurisdictional. 
Restricted  to  frauds  discovered  since  entry  of  order  of  discharge. 
Corrupt  agreement  with  creditor. 
In  re  Dietz,  3  Am.  B.  R.  316;  97  Fed.  563. 

"Pacts  did  not  warrant  the  discharge." 

In  re  Toothaker  Bros.,  13  Am.  B.  R.  99;  128  Fed.  187. 

When  application  denied. 

In  re  Fritz.  23  Am.  B.  R.  84. 

In  re  Lasch,  15  Am.  B.  R.  629;  142  Fed.  277. 

Practice. 

In  re  Meyers  (supra). 

In  re  Oliver.  13  Am.  B.  R.  582;  133  Fed.  832. 

Petitioners  must  have  provable  claims. 

In  re  Chandler  (C.  C.  A.  7tb  Cir.),  14  Am.  B.  R.  512;  138  Fed.  637;  71  C.  C.  A.  87. 


FORMS  IN  BANKRUPTCY.  385 


Amendment  of  petition. 
In  re  Oliver  {supra). 

Effect  of  revocation. 

In  re  Shaffer,  4  Am.  B.  R.  728:  104  Fed.  982. 

No  collateral  attack. 

In  re  Shaffer  (mpra). 

Custard  V.  Wiggerson,  17  Am.  B.  R.  337 ;  130  Wis.  418. 


TITLE  X. 

COMPOSITION  WITH  CREDITORS. 


FOBM  No.  256.  Offer  of  Composition. 

257.  Petition  for  Meeting  to  consider  Offer. 

258.  Acceptance  of  Offer. 

259.  Application  for  Confirmation  of  Composition. 

260.  Proper  Arrangement  of  Papers  constituting  "  Record  on  Compo* 

sition."     (Required  in  Southern  District  of  New  York.) 

261.  Certificate  of  Deposit. 

262.  Notice  to   Creditors. 

263.  Order  on  Petition  for  Confirmation.     Proof  of  Mailing. 

264.  Referee's  Certificate  and  Indemnity  Account. 

265.  Order  confirming  Composition  and  making  Distribution. 

266.  Notice  of  Appearance  of  Objecting  Creditor. 

267.  Specifications  of  Objection. 

268.  Exceptions  to  Specifications. 

269.  Report  of  Special  Master. 

270.  Order  refusing  Confirmation  of  Composition  upon  Report  of  Spe- 

cial Master. 

271.  Petition  to  set  aside  a  Composition. 

272.  Order  setting  aside  a  Composition. 

FORM  No.  256. 

OFFER  OF  COMPOSITION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


To ,  Esq.,  Referee  in  Bankruptcy,  and  the  creditore 

of ,  a  bankrupt : 

386 


FORMS  IN  BANKRUPTCY.  387. 

The  undersigned,  (who  was  adjudicated  a  bankrupt  herein  on  the 

day  of ,  19.  .,  and)  whose  schedules  of  creditors  and 

property  have  been  previously  duly  filed  in  the  office  of  the  clerk  of  this 

court,    (or   with    Esq.,   the    referee    in   bankruptcy    in 

charge,)  and  who  was  examined  in  open  court  herein  on  the  day  of 

,  19.  .,  does  hereby  offer  a  composition  at per  cent. 

(....%)  of  the  claims  of  his  creditors,  allowed  or  to  be  allowed,  except  those 
entitled  to  priority,  in  this  proceeding  and  payable  as  follows : 
(Here  state  particulars  of  offer.) 

Dated, , ,19... 


Banlcrupt. 
(Verification.) 

[See.  Sec.  12-a.     Amendments  of  1910,  for  Important  Changes  permitting 
compositions  before  adjudication.] 

NOTES. 

Act,  sec.  12-a.    General  Orders  XII.  (3),  XXXII. 

Offer. — Bankrupt  may  offer,  but  not  until  schedules  have  been  filed;  and  may  offer  at 
first  meeting  of  creditors. 

In  re  Hilborn,  4  Am.  B.  R.  741 ;  104  Fed.  866. 

In  re  Bloodworth  Stembridge  Co.,  178  Fed.  372. 

Composition  cannot  be  effected  until  there  has  been  an  adjudication. 

Abrogated  by  the  amendment  of  1910. 

In  re  Back  Bay  Automobile  Co.  (C.  C.  A.  1st  Cir.),  19  Am.  B.  R.  835;  rev'gS.  C.  19 
Am.  B.  R.  33;  158  Fed.  679. 


388  FORMS  IN  BANKRUPTCY. 


FORM  No.  257. 

[Official.] 
PETITION   FOR    MEETING    TO    CONSIDER    COBffPOSmOir. 


District  Court  of  the  United  States  for  the District  of 

In  Bankruptcy. 


In  thb  Matter 
OP 


bankrupt. 


To  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of : 

The  above-named  bankrupt  respectfully  represent  that  a  composition  of 

per  cent,  upon  all  unsecured  debts,  not  entitled  to  a  priority 

in  satisfaction  of debts  has  been  proposed  by 

to   creditors,  as  provided  by  the  acts  of  Congress  relating  to 

bankruptcy,  and verily  believe  that  the  said  composition  will 

be  accepted  by  a  majority  in  number  and  in  value  of creditors 

whose  claims  are  allowed. 

Wherefore,  . .  he  pray  ....  that  a  meeting  of creditors  may  be 

duly  called  to  act  upon  said  proposal  for  a  composition,  according  to  the 
provisions  of  said  acts  and  the  rules  of  court. 


Bankrupt. 

N0TE8. 

This  form  is  seldom  used,  as  offer  and  acceptances  are  filed  and  application  made  at 
once  to  confirm. 


FORMS  IN  BANKRUPTCY.  389 


FORM  No.  268. 

ACCEPTAXCE  OF  OFFEB. 


Tnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


"hi  THE  MaTTEB 
OF 


bankrupt. 


To Esq.,  Eeferee  in  Bankruptcy  and  the  Bankrupt  above 

named : 

The  undersigned  creditors,  whose  signatures,  residences,  claims  and  the 
amount  at  which  the  same  have  been  allowed  are  hereafter  set  out,  do  hereby 

accept  the  offer  of  composition  at per  cent.  ( .  .  % )  made 

herein  by   ,  the  above  named  bankrupt,  on  the   day 

of ,  19. .,  and  payable  as  follows: 

(Here  follow  terms  of  offer  exactly.) 

Dated , ,  19... 

Signature  of  Amount  of 

Witness.  Creditor.  Residence.  Claim. 

(Verification,  if  desired.) 

NOTES. 

A  creditor,  who  has  once  accepted,  cannot  in  the  absence  of  fraud  ormisrepresentation, 
withdraw  his  acceptance. 

In  re  Levy,  6  Am  B.  R.  299;  110  Fed.  744. 

After  acceptance  bankrupt  may  not  withdraw. 

In  re  Ennis  and  Stoppani  (So.  Dist.  N.  Y.).     (Not  yet  reported). 

Mortgagees  whose  debts  are  contingent  upon  a  deficiency  arising  under  a  foreclosure, 
are  neither  necessary  nor  proper  parties. 

In  re  Kahn,  9  Am.  B.  R.  107;  121  Fed.  412. 

Assignee  of  a  number  of  creditors  to  be  counted  as  one  creditor  only. 

In  re  Messengill,  7  Am.  B.  R.  669;  113  Fed.  366. 


390 


FORMS  IN  BANKRUPTCY. 


FORM  No.  259. 

[Official] 
APPLICATION  FOR  CONFIRMATION  OF   COMPOSITION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  thb  Matter 

OP 


y  No. 


bankrupt. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States,  for  the 
District  of : 

At ,  in  said  district,  on  the day  of , 

19.  .,  now  comes ,  the  above  named  bankrupt,  and  respect- 
fully represents  to  the  court  that  after  he  had  been  examined  in  open  Court 
[or  at  a  meeting  of  his  creditors]  and  had  filed  in  court  a  schedule  of  his 
property  and  a  list  of  his  creditors,  as  required  by  law,  he  offered  terms  of 
composition  to  his  creditors,  which  terms  have  been  accepted  in  writing  by  a 
majority  in  number  of  all  creditors  whose  claims  have  been  allowed,  which 
number  represents  a  majority  in  amount  of  such  claims;  that  the  consideration 
to  be  paid  by  the  bankrupt  to  his  creditors,  the  money  necessary  to  pay  all 
debts  which  have  priority,  and  the  costs  of  the  proceedings,  amounting  in  all 

to  the  sum  of dollars,  has  been  deposited  subject  to  the  order  of 

the  Judge,  in  the    No ,    ,  designated 

depository  of  money  in  bankruptcy  cases. 

Wherefore,  the  said  respectfully  asks  that  the  said  com- 
position may  be  confirmed  by  the  court. 


(Verification.) 


Bankrupt. 


FORMS  IN  BANKRUPTCY.  391 


FORM  No.  260. 

ARRANGEMENT     OF     PAPERS     ON     COMPOSITION.       (REQUIRED     IN 
SOUTHERN  DISTRICT  OF  NEW  YORK.) 

Papers   constituting   "  Record   on    Composition "   should   be   arranged   in 
following  order: 

1.  Record  of  proceedings  before  Referee. 

2.  Order  of  Adjudication  and  Reference. 

3.  Proofs  of  publication  and  mailing  of  notice  of  first  meeting. 

4.  Memorandum  of  proceedings  at  first  meeting,  including  examination  of 

bankrupt. 

5.  Offer  of  composition  and  acceptance  thereof. 

6.  Certificate  of  deposit. 

7.  Petition  for  confirmation  of  composition. 

8.  Proof  of  publication  of  notice  of  application  for  composition. 

9.  Proof  of  mailing  of  copy  petition  for  composition  and  order  thereon. 
10.  Referee's  certificate  and  indemnity  account. 

NOTE. 

In  compositions  before  adjudication  modify  1,  2,  3  and  4  accordingly. 


FORM  No.  261. 


CERTIFICATE  OF  DEPOSIT. 


United  States  District  Court, 

for  the District  of .;«JJ 

In  Bankruptcy. 


In  the  Matter 

OP 


No. 


Bankrupt. 


To  the  Honorable  Judge  of  the  United  States  District  Court,  for  the 

District  of : 

The   ,  of   ,  a  designated  depository  of 


392  FORMS  IN  BANKRUPTCY. 

bankruptcy  funds  in  this  district,  hereby  certifies  that  it  has  on  deposit,  to 

your  order  in  this  proceeding,  the  sum  of  $ ,  the  amount  of  money 

necessary  as  determined  by  this  court  to  pay  the  costs  of  the  proceeding  and 
all  claims  entitled  to  priority  of  payment  therein : 

(And  also  certifies  that  it  holds  on  deposit  the  consideration  offered,  and 
accepted  by  the  creditors  of  ,  bankrupt,  upon  this  com- 
position.) 

Dated, ,19... 


'Depository 
by... 


NOTES. 

Deposit  of  conBideration. 

Amount  must  be  enough  to  pay  all  creditors  the  stipulated  percentage. 
In  re  Fox,  6  Am.  B.  R.  525. 
In  re  Harvey,  16  Am.  B.  R.  345;  144  Fed.  901. 

Secured  claims  not  liquidated  should  not  be  considered  in  determining  the  amount. 
In  re  Harvey  {supra). 
Taxes  must  be  provided  for. 
In  re  Flynn,  13  Am.  B.  R.  720;  134  Fed.  145. 
In  re  Fisher  &  Co.,  14  Am.  B.  R.  366;  135  Fed.  223. 

Sufficient  cash  to  pay  all  debts  which  have  priority  and  the  costs  of  the  proceedings, 
must  be  deposited. 

In  re  Fisher  «fe  Co.  (supra) ;  In  re  Fox  (supra) ;  In  re  Harvey  (supra). 
Bankrupt  must  pay  his  own  attorney  as  no  costs  allowed  to  him  on  contest. 
In  re  Martin,  18  Am.  B.  R.  250;  152  Fed.  582. 
Costs  of  proceeding.     In  re  Harris,  9  Am.  B.  R.  20;  117  Fed.  575. 
Counsel  fees.    In  re  Dalton,  14  Am.  B.  R.  617;  137  Fed.  178. 


FORMS  IN  BANKRUPTCY.  393 


FORM  No.  262. 

NOTICE  TO  CREDITORS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


No. 


To  the  creditors  of ,  bankrupt: 

Notice  is  hereby  given  that  the  above  named  bankrupt  has  filed  his  petition, 

verified  the   day  of   ,  19 .  ,,  setting  forth  among  other 

things  that  he  has  offered  terms  of  composition,  which  terms  have  been 
accepted  in  writing  by  a  majority  in  number  of  all  creditors  whose  claims  have 
been  allowed,  and  which  number  represents  a  majority  in  amount  of  such 
claims,  that  the  consideration  to  be  paid  by  the  bankrupt  to  his  creditors  and 
the  money  necessary  to  pay  all  debts  which  have  priority  and  the  costs  of  the 
proceedings  have  been  duly  deposited  in  a  duly  designated  depository,  and 
asking  that  said  composition  may  be  confirmed  by  the  court. 

Notice  is  hereby  given  that  all  creditors  and  other  persons  are  ordered  to 
attend  at  the  hearing  before  the  Honorable  Judge  of  the  United  States  District 

Court  in  the  United  States  Court  House,  on , ,  19.  ., 

at  . .  — '  M.,  and  then  and  there  show  cause,  if  any  they  have,  why  the 
prayer  of  said  petitioner  should  not  be  granted,  and  also  to  attend  the 
examination  of  the  bankrupt  thereon. 

Dated , ,  19. .. 

> 

Referee  in  Bankruptcy. 

No Street, 

City  of 

[Annex  proof  of  publication  as  on  Discharge  proceeding.] 


394  FORMS  IN  BANKRUPTCY. 


FORM  No.  263. 

ORDER  TO  SHOW  CAUSE  THEREON. 

. . .  District  of ,ss.: 


On  this day  of A.  D.  19 . .,  on  reading  the  foregoing 

petition  for  confirmation  of  composition,  it  is 

Ordered  by  the  court,  that  a  hearing  be  had  upon  the  same,  before  the 
Honorable  Judge  of  the  U.  S.  District  Court,  in  the  U.  S.  Court  House,  in  the 

City  of ,  on , ,  19 . . ,  at 

M.,  and  that  notice  thereof  be  published  in  the ,  a  newspaper 

printed  in  said  district,  and  that  all  known  creditors  and  other  persons  in 
interest  may  appear  at  the  said  time  and  place  and  show  cause,  if  any  they 
have,  why  the  prayer  of  the  said  petition  should  not  be  granted,  and  also  attend 
the  examination  of  the  bankrupt  thereon. 

And  it  is  further  ordered  by  the  court  that  the  referee  in  charge  shall  send 
by  mail  to  all  known  creditors,  copies  of  said  petition  and  of  this  order 
addressed  to  them  as  required  by  law. 

Witness,  the  Honorable  Judge  of  the  said 
court,  and  the  seal  thereof,  at  the  city  of 

,  in  said  district,  on  the 

day  of ,  19 . . . 


Clerk. 
[Proof  of  mailing  as  in  application  for  discharge.] 


FORMS  IN  BANKRUPTCY.  395 

FORM  No.  264. 

REFEREE'S    CERTIFICATE   AND    (INDEMNITY   ACCOUNT). 

In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


>    No 

Referee's  Certificate 
On  Composition. 


I,  ,  Referee  in  Bankruptcy,  to  whom  the  above  entitled 

proceeding  was  duly  referred  by  order  of  this  court,  do  hereby 

Certify  that  the  foregoing  is  a  record  of  the  proceedings  had  before  me  in  the 
above  entitled  proceeding,  and  I  further  certify  that  the  schedules  disclosed 

assets,  not  exempt  by  law  and  that trustee  has 

been  appointed  herein,  and 

I,  further  certify  and  report  that  the  said  bankrupt  duly  offered  terms  of 

composition  to    creditors  after  he   had 

been  examined  at  a  meeting  of creditors 

and  had  filed  in  court  a  schedule  of  property  and  a  list  of  creditors  as  required 
to  be  filed  by  the  Bankruptcy  Act;  that  said  offer  of  composition  was  duly 
accepted  in  writing  by  a  majority  in  number  of  all  creditors  whose  claims  have 
been  allowed,  whicb  number  represents  a  majority  in  amount  of  such  claims, 
and  that  such  written  acceptance  of  such  proposed  composition  is  returned 
herewith ;  that  the  consideration  to  be  paid  by  the  bankrupt  to  all  his  creditors, 
the  money  necessary  to  pay  all  debts  which  have  priority  and  the  costs  of  the 

proceedings,  amounting  in  all  to  the  sum  of  $ have  been  deposited, 

subject  to  the  order  of  the  Judge,  in ,  one  of  the  designated 

depositories  of  money  in  bankruptcy  cases  in    ,  and  that   a 

certificate  of  such  deposit  is  returned  herewith ;  that,  in  my  opinion,  the  con- 
firmation of  said  composition  is  for  the  best  interest  of  the  creditors,  and  I 
further  certify  that  as  far  as  appears  by  the  record  herein  the  bankrupt  has  not 
been  guilty  of  any  of  the  acts  or  failed  to  perform  any  of  the  duties  which 
would  be  a  bar  to  a  discharge,  and  the  said  offer  and  its  acceptance  are  in  good 
faith  and  have  not  been  made  or  procured  except  as  provided  in  the  Bankruptcy 
Act,  or  by  any  means,  promises  or  acts  forbidden  by  the  Bankruptcy  Act. 


396  FORMS  IN  BANKRUPTCY. 

(And  I  further  certify  that  the  following  is  an  itemized  statement  of  the 
sums  deposited  with  me  as  indemnity  herein  and  of  the  items  of  charges  against 
the  same  and  of  the  balance  remaining  in  my  hands.) 

Dated ,19... 


Referee  in  Bankruptcy. 
[Here  attach  indemnity  account  in  So.  Dist.  of  New  York.] 


FORM  No.  265. 

ORDER  CONFIRMING  COBIPOSITION  AND  MAKING  DISTRIBUTION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankxiipt. 


An  application  for  the  confirmation  of  the  composition  at  .  .  %  offered  by 
the  bankrupt  to  his  creditors,  having  been  filed  in  court,  and  it  appearing  that 
such  composition  has  been  accepted  by  a  majority  in  number  of  all  of  the 
creditors  whose  claims  have  been  allowed,  and  that  such  creditors  represent  a 
majority  in  amount  of  such  claims,  and  the  consideration  required  by  Section 
12-b  of  the  Bankruptcy  Act  of  1898  having  been  deposited   in  the  place 

designated  by  this  court,  and  subject  to  the  order  of  Hon , 

the  Judge  of  said  court ;  and  it  also  appearing  that  said  composition  is  for  the 
best  interests  of  the  creditors,  and  that  the  bankrupt  has  not  been  guilty  of 
any  of  the  acts,  or  failed  to  perform  any  of  the  duties  which  would  be  a  bar 
to  his  discharge,  and  that  the  offer  and  its  acceptance  are  in  good  faith  and  has 
not  been  made  or  procured  by  any  means,  averments  or  acts  contrary  to  the 
Acts  of  Congress  relating  to  bankruptcy;  and  it  further  appearing  that  an 
order  to  show  cause  why  such  composition  should  not  be  confirmed  has  hereto- 
fore been  made  herein,  and  due  notice  having  been  given,  as  required  by 
Section  58-a,  (2),  of  said  Bankruptcy  Act,  and  no  specifications  of  objection 


FORMS  IN  BANKRUPTCY.  397 

to  such  confirmation  having  been  filed,  and  the  court  being  satisfied  in  all 
of  the  particulars  specified  in  Section  12-b  of  said  Law ;  it  is 

Ordered,  that  said  composition  be,  and  the  same  hereby  is,  in  all  things  con- 
firmed ;  and  it  is  further 

Ordered  and  Decreed,  that  the  distribution  of  the  moneys  deposited  with  the 

in  these  proceedings  to  the  order  of  Hon , 

Judge,  shall  be  made  by  the  trustee  herein,  by  checks  drawn  and  signed  by 

him,  and  countersigned  by  ,  Esq.,  the  referee  in  charge 

of  this  case,  as  follows: 

1.  That  he  first  pay  the  claims  of  creditors  entitled  to  priority,  as  fixed  by 
schedule  "  A,"  hereto  annexed  and  made  a  part  of  this  order. 

2.  That  he  pay  the  costs  of  these  proceedings  in  the  sums  and  to  the 
persons  named  in  the  schedule  hereto  annexed  marked  schedule  "  B,"  which  is 
hereby  made  a  part  of  this  order. 

3.  That  he  pay  .  .  %  of  the  several  claims  of  general  creditors  whose  claims 
have  been  scheduled,  filed  or  proved  in  accordance  with  the  schedule  hereto 
attached  marked  schedule  "  C,"  which  said  schedule  is  hereby  made  a  part  of 
this  order. 

4.  That  he  retain  the  sum  of dollars  ($ ) 

representing  .  .  %  on  the  amount  of  claims  of  general  creditors  not  yet  proved 
nor  adjusted,  in  accordance  with  the  schedule  hereto  attached  marked  schedule 
"  D,"  which  said  schedule  is  hereby  made  a  part  of  this  order,  said  amount  to 

be  retained  on  deposit  with  the until  the  claims  mentioned 

in  schedule  "  D  "  shall  have  been  adjusted  and  allowed  by  the  referee,  and  to 
pay  to  said  creditors  . .  %  of  such  claims  as  shall  be  proved,  adjusted  and 
allowed  by  the  referee  herein. 

5.  To  pay  the  balance  remaining  on  deposit  with  said ,  after 

the  payment  of  the  above  mentioned  claims,  to or  his  attorney. 

Witness,  the  Hon ,  Judge 

of  said  court,  and  the  seal  thereof,  at , 

the  City  of ,  on  the 

day  of ,19... 


D.J. 

[Schedules  annexed  each  signed  by  Referee.] 


398  FORMS  IN  BANKRUPTCY. 

CERTIFICATE  OF  REFEREE. 

In  the  District  Court  of  the  United  States, 

for  the District  of -»-•■> 


In  the  Mattbb 

OF 


No. 


bankrupt. 


I, ,  Referee  in  Bankruptcy  in  charge  of  the  above  entitled 

proceedings,  do  hereby  certify  that  the  list  of  creditors  and  the  amount  due 
them  respectively  are  correctly  set  forth  in  the  annexed  order,  according  to  the 
claims  proven  or  scheduled  herein. 

And  I  further  certify  that  the  calculation  of  payments  to  be  made  under  the 
composition  confirmed  herein  and  as  set  forth  in  the  said  annexed  order  are 
correct. 

Dated , 19... 


Referee  in  Bankruptcy. 
NOTES. 

Act.  Sec.  12  d,  e. 

Only  the  judge  has  power  to  confirm. 

In  re  Sonnabend,  18  Am.  B.  R.  117. 

Section  strictly  construed.  In  re  Frear,  10  Am.  B.  R.  199;  120  Fed.  978.  In  re  Rider, 
3  Am.  B.  R.  178;  96  Fed.  808. 

Broadway  Trust  Co.  v.  Mannheim,  14  Am.  B.  R.  122;  47  N.  Y.  Misc.  415. 

Upon  entry  of  order  of  confirmation,  the  title  to  bankrupt's  property  immediately  re- 
vests in  him.     In  re  Winship  Co.  (C.  C.  A.  7th  Cir.).  9  Am.  B.  R.  638;  120  Fed.  93. 

Order  of  confirmation  in  effect  a  discharge  and  may  be  pleaded  in  bar  with  like  effect. 

Mandell  &  Co.  v.  Levy  (N.  Y.  Sup.  Ct.),  14  Am.  B.  R.  549. 

Adler  v.  Hammond  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  736;  104  Fed.  862. 

Glover  Grocery  Co.  v.  Dome,  8  Am.  B.  R.  702;  116  Ga.  216. 

Ross  v.  Saunders  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  350;  105  Fed.  915,  45  C.  C.  A.  123. 

Stone  v.  Jenkins,  4  Am.  B.  R.  568;  176  Mass.  544. 

If  not  pleaded  is  deemed  waived. 

Dimock  v.  Revere  Coffee  Co..  117  U.  S.  559;  29  L.  Ed.  994. 

Effect  of  failure  to  carry  out  a  composition. 

In  re  A.  B.  Carton  &  Co.,  17  Am.  B.  R.  343;  148  Fed.  63. 

E.xcept  in  case  of  fraud,  a  creditor  knowing  that  he  is  not  included  in  schedules  can- 
not afterwards  complain  of  the  omission. 

In  re  Abrams  and  Rubins,  23  Am.  B.  R.  25;  173  Fed.  430. 

Distribution  on  composition. 

Judge  to  prescribe  manner. 

In  re  Lane.  11  Am   B.  R.  137;  125  Fed.  772. 

As  to  referee's  powers  thereon 


FORMS  IN  BANKRUPTCY.  399 

In  re  Fox,  6  Am.  B.  R.  526. 

Claims  not  proved  within  one  year,  not  to  share. 

In  re  Brown,  10  Am  B.  R.  588;  123  Fed.  336. 

In  re  Lane  (stipni). 

Time  to  appeal,  in  re  McCall,  16  Am.  B.  R.  670;  145  Fed.  898. 

(As  to  appeals  in  composition  cases,  see  Appeals  Form  302  notes.) 

Order  confirming  a  composition  is  a  judgment  granting  a  discharge  reviewable  by 
appeal  under  sec.  25-a. 

In  re  Friend  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  595;  134  Fed.  778;  67  C.  C.  A.  500. 

Parties  to  appeal. 

Marshall  Field  &  Co.  v.  "Wolf  &  Bro.  Dry  Goods  Co.  (C.  C.  A.  8th  Cir.),  9  Am.  B.  R. 
693;  120  Fed.  815. 

Ross  V.  Saunders  (supra). 


FORM  No.  266. 

NOTICE  OF  APPEARANCE  OF  OBJECTING  CREDITOR. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


To  the  District  Court  of  the  United  States  for  the  District 

of : 

The  clerk  of  this  court  will  please  enter  my  appearance  as  attorney  for 

,  of ,  a  creditor  of , 

the  above  named  bankrupt,  whose  claim  has  been  duly  filed  and  allowed  herein, 
and  who  desires  to  file  specifications  of  objection  to  the  confirmation  of  the 
proposed  composition  herein. 

Dated, , ,19... 

> 

.  .  Attorney  for , 

Objecting  Creditor. 
Address 


400  FORMS  IN  BANKRUPTCY. 


FORM  No.  267. 

SPECIFICATIONS   OF  OBJECTION  TO   CONFIRSIATION  OF    COMPOSI- 
TION. 

In  the  District  Court  of  the  United  States  for  the *v. .  District 

of 


In  Bankruptcy. 


I 


In  the  Matter 

OF 


V    No. 


Bankrupt. 


,  of ,  a  creditor  and  person  interested 

in  the  estate  of  ,  the  above-named  bankrupt,  does  hereby 

oppose  and  object  to  the  confirmation  of  the  composition  offered  by  said  bank- 
rupt, and,  for  grounds  of  such  opposition  and  objection,  does  file  the  following 
specifications : 

I.  That  said  composition  is  not  for  the  best  interests  of  the  creditors  herein, 
on  the  ground  that  the  assets  belonging  to  this  estate  properly  handled  and 
administered  will  pay  a  considerably  larger  dividend  to  creditors  and  for  that 
reason  the  proposed  composition  should  not  be  confirmed. 

II.  That  the  bankrupt  has  been  guilty  of  acts  which  would  be  a  bar  to  his 
discharge,  in  that  he  has,  etc. 

[Here  set  forth  specifically  such  acts.] 

III.  That  the  offer  and  its  acceptance  are  nfft  in  good  faith,  because  of  the 
fact  that: 

[Here  set  forth  acts  or  conduct  complained  of.] 

Wherefore objects  to  the  confirmation  of  the 

composition  herein  and  asks  a  hearing  of  the  Court  thereon. 


Objecting  Creditor. 

By , 

Attorney. 

Address 

(Verification.) 


FORMS  IN  BANKKUPTCY.  401 


NOTES. 

Specifications  of  objection. 

Only  grouuds  available  are  those  set  forth  in  sec.  12  (d). 
In  re  Rudwick,  2  Am.  B.  R.  114;  93  Fed.  787. 
Burden  of  proof  ou  objector. 

City  Nat.  Bank  v.  Doolittle  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  736;  107  Fed.  236;  46  C. 
C.  A.  258. 

Must  be  definite  and  certain  and  in  the  language  of  the  Act. 

Should  be  framed  with  great  precision,  with  averment  of  facts  not  conclusions. 

In  re  Ryder,  3  Am.  B.  R.  180. 

Who  may  file.     Creditor  or  "party  in  interest." 

An  assignee  of  au  original  claim  against  a  bankrupt  entitled  to  file. 

In  re  COmstock,  19  Am.  B.  R.  65 ;  154  Fed.  747. 

The  number  of  creditors  objecting  is  Immaterial. 

In  re  Godwin.  10  Am.  B.  R.  252;  122  Fed.  111. 

In  re  Olman,  13  Am.  B.  R.  395;  134  Fed.  681. 

In  re  Frazin  and  Oppenheim  (So.  Dist.  N.  Y.),  (not  reported). 

Grounds  of  objection. 

Because  against  the  best  interests  of  the  creditors. 

Adler  v.  Joues  (C.  C.  A.  6th  Cir.),  6  Am.  B.  R.  245;  109  Fed.  967 ;  48  C.  C.  A.  761. 
aff'g  103  Fed.  444. 

As  a  general  rule  the  fact  that  a  majority  in  number  and  amount  of  creditors  have 
accepted  is  prima  facie  evidence  that  it  is  for  the  best  interests  of  all. 

In  re  Waynesboro  Drug  Co.,  19  Am.  B.  R.  487;  157  Fed.  101. 

In  re  Arrington  Co.,  8  Am.  B.  R.  64;  113  Fed.  498. 

In  re  Criterion  Watch  etc.  Co.,  8  Am.  B.  R.  206. 

In  re  Woodend,  12  Am.  B.  R.  768;  133  Fed.  593. 

There  must  be  a  majority  in  number  and  amount  of  individual  as  well  as  partnership 
creditors. 

L.  UUman  &  Co.  (So.  Dist.  N.  Y.),  (not  yet  reported). 

Because  of  the  commission  of  acts  or  failure  to  perform  duties  "which  ■would 
bar  a  discharge. 

In  re  Wilson,  5  Am.  B.  R.  849;  107  Fed.  83. 
In  re  Comstock,  19  Am.  B.  R.  65;  154  Fed.  747. 
In  re  Olman,  13  Am.  B.  R.  395;  134  Fed.  681. 
In  re  Godwin,  10  Am.  B.  R.  252;  122  Fed.  111. 

Because  of  the  absence  of  good  faith. 
In  re  Seligman,  20  Am.  B.  R.  774;  163  Fed.  549. 
In  re  Comstock  (supra). 
Secret  preferences  render  illegal. 
In  re  Chaplin,  8  Am.  B.  R.  121 ;  115  Fed.  162. 

McCormick  v.  Solinsky  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  540;  152  Fed.  984;  82  C.  C. 
A.  134. 

Withdrawal  of  objections. 

In  re  Levy  (D.  C.  Mass.),  22  Am.  B.  R.  769;  172  Fed.  780. 


402 


FORMS  IN  BANKRUPTCY. 


FORM  No.  268. 

EXCEPTIONS  TO  SPECIFICATIONS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Mattbb 

OP 


Bankrupt. 


No. 


, ,  the  bankrupt  herein  by ,  his 

attorney,  hereby  excepts  to  the  specifications  of  objection  filed  herein  by  .... 

,  to  the  confirmation  of  his   proposed   composition   with 

creditors  herein  as  follows: 

1.  He  excepts  to  the  first  of  said  specifications  of  objection  as  indefinite, 
insufficient  in  law  and  as  constituting  no  ground  under  the  Bankruptcy  Law 
and  the  Amendments  thereof,  for  withholding  confirmation  of  the  proposed 
composition. 

2.  He  excepts  to  the  second  of  said  specifications  on  the  ground  that  there- 
are  no  specific  averments  of  fact  from  which  an  issue  may  be  raised  and  tried. 

Wherefore  this  exceptant  asks  that  said  specifications  be  dismissed. 


Attorney  for  BanTcrwpt. 
City  of 


FORMS  IN  BANKRUPTCY.  403 


FORM  No.  269. 

REPORT   OF   SPECIAL  MASTER   ON   SPECIFICATIONS   OF   OBJECTION 

TO  COMPOSITION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


1 

To  the  Honorable  Judge  of  the  District  Court  of  the 

United  States,  for  the District  of : 

I,   ,  to  whom  as  Special  Master,  the  issues  raised  by  the 

specifications  filed  by ,  creditors,  objecting  to  the  composition 

offered  by  the  bankrupt  herein,  and  accepted  by  a  majority  in  number  and 

amount  of  his  creditors,  were  referred  by  this  court,  for  examination,  testimony 

and  report,  do  respectfully  report  as  follows: 

The  matter  came  on  to  be  heard  before  me  upon  notice  of  hearing  served 

upon  the  attorney  for  the  objecting  creditors  with  admission  of  due  and  timely 

service. 

Appearances : 

,  Attorney  for  objecting  creditors. 

,  Attorney  for  bankrupt. 

The  objections  contained  in  the  specifications  filed  in  opposition  to  the 
composition  are  three  in  number: 

1.  That  the  offer  is  inadequate  in  amount. 

2.  That  there  is  no  cash  payment. 

3.  That  the  bankrupt's  property  is  about  to  be  put  into  the  hands  of  trustees 
or  directors,  who  are  not  required  to  give  any  bond. 

[Here    follows    substance    of    report,    each    specification    considered    and 
separately  passed  upon.] 

I  have  therefore,  come  to  the  conclusion  and  report  that  in  my  opinion  the 


404  FORMS  IN  BANKRUPTCY. 

objecting  creditor  has  failed  to  sustain  any  of  his  objections  and  they  should 
each  of  them  be  overruled,  and  I  recommend  that  the  composition  be  con- 
firmed [or  rejected  upon  opposite  findings.] 

Respectfully  submitted. 
Dated,  , , ,  19... 


TJ.  8.  Special  Master. 


FORM  No.  270. 

ORDER  REFUSING  CONFIRMATION  OF  COMPOSITION  UPON  REPORT 

OF  MASTER. 

At  a  Stated  Term  of  the  United  States  District 

Court  for  the    District  of   , 

held  at  the  United  States  Court  House,  City 
of    ,   on   the    ....    day   of 

,  19... 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OP 


Bankrupt. 


No. 


An  application  for  confirmation  of  the  composition  offered  by  the  bankrupt 
to  his   creditors  having   been   made   herein,   and   specifications   of   objection 

liaving  been  filed  thereto  by ,  and , 

creditors  and  parties  in  interest,  and  such  specifications  having  been  referred 

to   ,  Esq.,  as  special  master  to  ascertain  and  report 

the  facts  with  his  opinion,  and  such  special  master  having  filed  his  report 

dated    ^  19.  .,  and  recommended  that  certain  of  such 

specifications  be  sustained  and  that  the  bankrupt's  offer  of  composition  should 
be  rejected  and  the  proposed  composition  disallowed,  and  upon  the  filing  of 
the  report  of  the  special  master  the  said  application  for  confirmation  of  the 
said  composition  having  been  argued,  and  after  hearing , 


FORMS  IN  BANKRUPTCY.  405 

attorney  for ,  in  support  of  said  motion,  and 

,  attorney  for ,  in  opposition  thereto, 

Now,  on  motion  of ,  attorney  for ,  it  is 

Ordered,  that  the  report  of  ,  special  master  herein,  dated 

,  19.  .,  and  filed  in  the  office  of  the  clerk  of  this  court  on  that 

day,  be,  and  the  same  is  hereby  in  all  respects  confirmed ;  and  it  is 

Further  ordered,  that  the  offer  of  composition  made  by   

bankrupt,  be  and  the  same  is  hereby  rejected,  and  the  application  for  the  con- 
firmation of  said  composition  be  and  the  same  is  hereby  denied  and  disallowed ; 
and  it  is 

Further  ordered,  that  the  objecting  creditors  herein  recover  their  costs  and 
disbursements  out  of  the  estate  of  the  bankrupt  herein,  to  be  paid  by  the 

trustee,  and  that  it  be  and  the  same  is  hereby  referred  to 

Esq.,  referee  in  charge,  to  ascertain  and  determine  the  amount  to  be  allowed 
to  the  said  objecting  creditors  to  reimburse  them  for  their  costs  and  disburse- 
ments and  to  fix  the  amount  of  the  allowance  to  be  granted  to  the  said 
attorneys  for  the  said  objecting  creditors. 


D.J. 


FORM  No.  271. 

PETITION  TO  SET  ASIDE  A  COMPOSITION, 


In  the  District  Court  of  the  United  States 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  to  this  court  and 

alleges : 

1.  That  he  is  a  creditor  and  party  in  interest  herein,  whose  claim  has  been 
duly  filed  and  allowed  in  this  proceeding. 


40f>  FORMS  IN  BANKRUPTCY. 

2.  That  on  the    day  of    ,   19..,  the  bankrupt 

herein,  after  he  had  been  examined  before  the  Referee,  duly  offered  a  com- 
position in  said  proceeding  to  his  creditors  upon  the  following  terms  and  con- 
ditions : 

That  said  offer  was  thereafter  duly  accepted  by  petitioner  and  other  creditors 

of  said  bankrupt,  upon  the  terms  and  conditions  as  offered  and  on  the 

day  of J  19 .  .,  the  said  composition  was  duly  confirmed  by  the 

District  Judge  in  the  manner  and  form  as  offered  and  accepted. 

3.  That  said  composition  was  offered  and  accepted  and  confirmed  upon 
statements  that  all  the  creditors  should  share  equally  in  said  composition  and 
receive  the  same  pro  rata  amounts  upon  their  said  several  claims. 

4.  That  since  the  entry  of  the  order  confirming  said  composition  and  within 
a  period  of  six  months  thereafter  your  petitioner  has  discovered  that  state- 
ments upon  which  the  said  composition  was  procured  were  false  and  untrue 
and  that  fraud  was  practised  by  the  said  bankrupt  in  procuring  the  said  com- 
position in  the  following  particulars:  [here  allege  specifically  the  fraudulent 
acts  of  bankrupt  by  which  it  is  claimed  the  composition  is  vitiated.] 

,5.  That  all  of  the  above  facts  and  circumstances  were  not  known  to  peti- 
tioner prior  to  the  confirmation  of  the  composition  herein. 

6.  That  your  petitioner  relied  upon  the  representations  of  the  bankrupt  and 
would  not  have  accepted  said  composition  had  he  known  the  exact  situation 
and  the  fraudulent  acts  of  the  bankrupt,  as  above  stated. 

7.  No  previous  application  for  the  order  asked  for  herein  has  been  made. 
Wherefore,  your  petitioner  prays  that  the  said  composition  be  vacated  and 

set  aside,  the  proceeding  reinstated  and  the  property  returned  to  the  trustee 
for  distribution,  according  to  the  Bankruptcy  Law. 


Petitioner. 
(Verification.) 

NOTES. 

Setting  aside  a  composition. 

Sees.  13,2  (9). 

Cross  references  sees.  12,  15,  21  (f),  29  (b),  64  (c). 

Collier  on  Bankruptcy  (7th.  ed.)  pp.  245-249. 

For  fraud  in  procuring  such  composition. 

Sec.  13a  limitation  on  sec.  2,  (9). 

In  re  Rudwick,  2  Am  B.  R.  114;  93  Fed.  787. 

Misrepresentation  and  concealment. 

In  re  Wrisley  Co.  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  193;  133  Fed.  388;  66  C.  C.  A.  450. 

Fraud  must  liave  been  discovered  since  the  confirmation  of  the  composition.  In  re 
Roukous  (D.  C.  R.  I.).  12  Am.  B.  R.  128;  128  Fed.  645. 

The  making  of  false  schedules  and  false  oath  to  same  and  concealment  of  property  by 
the  bankrupt  constitute  fraud,  "  practiced  in  the  procuring  of  such  composition." 

In  re  Roukous  (tiupra). 

Court  may  determine  whether  the  fraud  shown  is  such  as  would  have  warranted,  had 
the  facts  then  been  known,  the  rejection  of  the  composition. 


FORMS  IN  BANKRUPTCY.  407 

In  re  Sacharoff  and  Kleiner  (D.  C.  N.  Y.),  20  Am.  B.  R.  814;  163  Fed.  664. 

Failure  to  fulfil  on  part  of  bankrupt  not  sufficient  in  itself  to  warrant  setting  aside. 

In  re  Eisenberg,  16  Am.  B.  R.  776 ;  148  Fed  325. 

When  motion  will  not  be  granted. 

In  re  Cooper  Bros.  (D.  C.  N.  Y.),  20  Am.  B.  R.  634;  159  Fed.  956. 

In  re  Abrams  and  Rubins,  23  Am.  B.  R.  25. 

Practice. 

Application  by  "  party  in  interest  ". 

Creditor  who  has  assigned  his  claim  though  induced  to  do  so  by  bankrupt's  misrepre- 
sentations not  "  party  in  interest ". 

In  re  Wrisley  &  Co.  (supra). 

Assignee  of  claim  may  file. 

Application  should  be  made  to  Judge  and  within  six  months  after  the  composition  has 
been  confirmed. 

In  re  Eisenberg,  16  Am.  B.  R.  776;  148  Fed.  325;  In  re  Jersey  Island  Packing  Co,  18 
Am.  B.  R.  417;  154  Fed.  839. 

A  referee  to  whom  as  special  master,  a  petition  to  set  aside  a  composition  has  been 
referred,  may  grant  an  order  re-opening  the  estate. 

In  re  Sonnabend,  18  Am.  B.  R.  117. 

Petition  need  not  allege  that  petitioner  restored  or  offered  to  restore  the  consideration 
immediately  on  discovery  of  the  fraud. 

In  re  Roukous  (supra). 

Notice  should  be  given  to  all  creditors. 

Verification  in  usual  form  for  bill  in  equity  sufficient. 

In  re  Roukous  (supra). 


408  FORMS  IN  BANKRUPTCY. 


FORM  No.  272. 

ORDER  SETTING  ASIDE  A  COMPOSITION. 

At  a  Stated  Term  of  the  District  Court  of  the 

United  States,  held  in  and  for  the 

District  of   ,  at  the  Court  House, 

in  the  City  of ,  on  the 

day  of   ,   19. .. 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


,  a  creditor  of  the  above  named  bankrupt,  having 

filed  a  petition  herein,  verified  the day  of ,  19 .  ,,  praying 

that  the  composition  of  said  bankrupt  with  his  creditors,  confirmed  by  order  of 

this  court  dated  the day  of ,  19.  .,  be  vacated  and  set 

aside  for  fraud  in  procuring  same,  and  the  proceeding  reinstated,  and  an 

order  to  show  cause  having  been  issued  thereon  on  the  ....  day  of , 

19. .,  and  the  said  motion  having  come  on  for  hearing  before  this  court  on  the 
....  day  of ,  19.  .,  (and  a  trial  had), 

Now,  upon  reading  and  filing  the  petition  of  aforesaid, 

and  upon  all  the  pleadings  and  proceedings  herein,  and  after  hearing 

,  Esq.,  in  support  of  said  motion,  and ,  Esq., 

I  in  opposition  thereto,  and  due  deliberation  having  been  had  thereon,  it  is,  on 
motion  of ,  attorney  for  said  petitioner. 

Ordered,  adjudged  and  decreed  that  the  composition  of  the  bankrupt  with 
his  creditors  herein,  confirmed  by  this  court  by  order  made  and  entered  on  the 

day  of ,  19 .  . ,  be  and  the  same  hereby  is  in  all 

respects  vacated  and  set  aside  and  the  bankruptcy  proceeding  reinstated. 

And  it  is  further  ordered  that  the  property  of  the  said  bankrupt  be  and 
hereby  is  restored  to  the  trustee  herein  and  the  said  trustee  directed  to  proceed 
with  the  administration  of  this  estate,  as  provided  in  the  Bankruptcy  Act. 

Z).  /. 


TITLE  XI. 

RECLAMATION  PROCEEDINGS. 


Form  No.  273.  Demand  in  Reclamation. 

274.  Petition  to  reclaim. 

275.  Notice   of   Motion  thereon. 

276.  Answer  in  Keclamation. 

277.  Bond  in  Reclamation  for  Possession  of  Property. 

278.  Order  of  Reference  to  Special  Master. 

279.  Report  of  Special  Master. 

280.  Judgment  in  Reclamation  for  Delivery,  etc. 

281.  Bill  of  Costs  and  Notice  of  Taxation. 

FORM  No.  273. 

DEMAND  IN  RECUVMATION. 

In  the  District  Court  of  the  United  States 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  bankrupt. 


Sir:— 

Please  take  notice  that  the  undersigned  is  the  owner  of  and  entitled  to  the 
immediate  possession  of  the  following  chattels  which  were  wrongfully  and 
unlawfully  obtained  from  him  by  the  above  named  (alleged)  bankrupt,  and 
that  the  undersigned  demands  the  immediate  return  of  said  property,  to  wit: 

[Here  set  forth  property  claimed  in  detail]. 

Dated,  

Yours,  etc.. 

By ['.','.'.'.'.'.[''..., 


Attorney. 
409 


410  FORMS  IN  BANKRUPTCY. 

To ,  Esq., 

Receiver  in  Bankruptcy  of 
[or  Trustee  of] (alleged)  Bankrupt. 


FORM  No.  274. 

PETITION  TO  RECLAIM. 


In  the  District  Court  of  the  United  States 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


JBanJcritpt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of 

The  petition  of respectfully  shows  and  alleges : 

First:    (That  your  petitioner  is  a  corporation  duly  organized  under  and 

existing  under  and  by  virtue  of  the  laws  of  the  State  of   ,  and 

having  an  office  for  the  transaction  of  its  business  in  the  city  of ). 

Second :  That  at  all  the  times  hereinafter  mentioned,  the  

said  bankrupt  was  engaged  in  business  in  the  City  of as 

Third:  That  your  petitioner  is  the  owner  and  entitled  to  the  immediate 
possession  of  the  property  set  forth  in  schedule  "  A  "  hereto  annexed,  and 

made  a  part  hereof,  and  that  the  value  of  said  property  is 

($ )  dollars. 

Fourth:  That  your  petitioner  further  alleges  upon  information  and  belief, 

that  heretofore  and  on  or  about  the day  of 19.  .,  an 

involuntary  petition  in  bankruptcy  was  tiled  in  the  office  of  the  clerk  of  this 

Court,  by  three  creditors  of  above  bankrupt,  praying  that  the  said 

be  adjudged  an  involuntary  bankrupt,  and  that  thereafter ,  Esq., 

was  duly  appointed  as  temporary  receiver  in  bankruptcy  of  the  said 

,  and  that  pursuant  to  the  order  of  his  appointment,  he  did  take  posses- 
sion of  and  continues  to  hold  the  property  mentioned  and  described  in  the 
schedule  hereto  annexed  and  made  a  part  hereof,  marked  exhibit  "  A,"  and 
that  the  said  property  is  in  the  original  piece  in  which  it  was  delivered  by 
your  petitioner  to  the  said   (That  on  the   day  of 


FORMS  IN  BANKRUPTCY.  411 

,   19 .  . ,   the   said    was   duly   adjudicated   a 

bankrupt). 

Fifth :  That  heretofore  and  before  the  commencement  of  this  proceeding, 

due  demand  was  made  by  your  petitioner  upon  the  said ,  Esq., 

Eeceiver,  that  he  deliver  possession  of  the  said  goods,  wares  and  merchandise 
in  said  schedule  "  A  "  mentioned  to  your  petitioner,  but  that  said  demand  has 
been  refused. 

Sixth :  That  heretofore  and  at  various  times  between  the   day  of 

and  the  day  of both  dates  inclusive,  said 

,  upon  false  and  fraudulent  representations,  induced  your 

petitioner  to  sell  and  deliver  to  him  the  said  goods,  wares  and  merchandise 
mentioned  and  described  in  said  schedule  "  A  "  hereto  annexed,  and  the  said 

wrongfully,  fraudulently  and  with  intent  to  defraud 

your  petitioner  and  knowing  that  your  petitioner  relied  upon  the  truth  of  the 
representations  so  made,  procured  the  said  property  to  be  delivered  to  his 
custody. 

Seventh:  That  at  the  time  that  the  said  goods  were  so  delivered  to  the  said 

by  your  petitioner  as  aforesaid,  and  at  the  time  that  the 

said  false  and  fraudulent  representations  were  made  as  aforesaid,  the  said 

was  insolvent  and  unable  to  pay  his  debts  in  full  to  his 

knowledge,  and  made  false  and  fraudulent  representations  with  intent  to 
cheat  and  defraud  your  petitioner,  and  so  knowing  his  insolvency  as  afore- 
said, induced  your  petitioner  to  sell  and  deliver  the  said  merchandise  as 
aforesaid  with  the  intent  and  design  not  to  pay  therefor  when  the  term  of 
credit  upon  which  the  same  had  been  sold  should  have  expired. 

Eighth :  Your  petitioner  further  alleges  that  the  false  and  fraudulent 
representations,  the  truth  of  which  he  relied  upon,  and  which  induced  him  to 
sell  and  deliver  the  said  merchandise  as  aforesaid,  are  as  follows,  to  wit: 

That  heretofore  and  on  or  about  the  ....  day  of ,  19 .  . , 

the  said ,  did  make,  sign  and  deliver  a  written  statement  of 

his  financial  condition  to in  the  City  of 

wherein  he  did  state  that  he  had  merchandise  on  hand  on  the   ....   day  of 

to  the  value  of  $ ;  outstanding  accounts  of  $ ; 

fixtures  of  the  value  of  $ ;  and  cash  on  hand  and  in  bank  of  $ , 

or  a  total  of  assets  of  $   and  did  further  state  that  his  liabilities 

amounted  to  the  sum  of  $   and  that  he  was  worth  over  and  above 

all  his  debts   and  liabilities  the  sum   of  $    

Ninth :  That  your  petitioner  obtained  the  said  statement  previous  to  the  sale 
and  delivery  of  the  said  merchandise  in  said  schedule  "  A  "  mentioned ;  and 

as  your  petitioner  is  informed  and  does  verily  believe,  the  said   

did  deliver  the  said  signed  statement  as  aforesaid  to  petitioner  for  the  purpose 
of  obtaining  credit,  and  that  your  petitioner  relied  upon  the  truth  of  the 
representations  therein  contained. 

Tenth:  Upon  information  and  belief,  that  the  aforesaid  representations 
were  false  and  untrue,  in  that  the  said did  not  have  on  the 


412  FORMS  IN  BANKRUPTCY. 

day  of   ,  the  assets  as  heretofore  alleged  and  stated  by 

him  in  said  statement,  of  the  total  value  of  $ ,  and  owed  in  liabilities 

a  sum  in  excess  of  the  liabilities  as  hereinabove  alleged  and  by  him  in  said 

statement  specified  of  $ ,  and  that  the  said   did 

not  have  a  surplus  over  and  above  all  of  his  debts  and  liabilities  of  the  sum 
of  $ 

Eleventh:  That  the  said  goods  had  not  been  taken  by  virtue  of  a  warrant 
against  your  petitioner  for  the  collection  of  any  tax,  assessment  or  fine,  issued 
in  pursuance  of  a  statute  of  the  United  States,  and  that  they  have  not  been 
seized  by  virtue  of  an  execution  or  warrant  of  attachment  from  or  through 
whom  your  petitioner  has  derived  title  to  the  said  chattels. 

Wherefore,  your  petitioner  does  respectfully  pray  that  the  said 

Esq.,  as  said  temporary  receiver  herein,  be  directed  to  deliver  to  your  petitioner 
the  said  property  in  said  schedule  "  A  "  mentioned  and  described,  upon  your 
petitioner  filing  in  the  Office  of  the  Clerk  of  this  Court  a  bond  in  double  the 
value  of  said  property  to  be  returned  to  him  conditioned  that  in  the  event 
your  petitioner  fails  to  establish  his  right,  title  and  interest  in  and  to  the  said 
property,  that  then,  and  in  that  event,  your  petitioner  will  repay  to  the  said 
receiver,  or  trustee  hereinafter  to  be  elected,  the  value  of  the  said  property  so 
to  be  delivered  to  him  and  all  costs  and  expenses,  and  your  petitioner  have 
such  other  and  further  relief,  as  to  this  Honorable  Court  may  seem  just  and 
proper. 

Dated ,19... 


Petitioner. 


Solicitors  for  Petitioner, 

[Address.] 
(Verification.) 
(Schedule  "  A  "  annexed.) 

NOTES. 
Sees.  70  a  (5),  67  a,  d,  as  amended  1910. 

When  right  to  reclaim  exists. 
In  re  Murphy,  etc.,  Shoe  Co.,  11  Am.  B.  R.  428, 

In  re  Hamilton  Furniture,  etc.,  Co.,  9  Am.  B.  E.  65;   117  Fed.  774. 
In  re  Patterson  &  Co.,  10  Am.  B.  R.  748;  125  Fed.  562. 
In  re  Weil,  7  Am.  B.  R.  90,  111  Fed.  897. 
In  re  Epstein,  6  Am.  B.  R.  60;  109  Fed.  878. 
In  re  Hildebrandt,  10  Am.  B.  R.  184;  120  Fed.  992. 
In  re  O'Connor,  9  Am.  B.  R.  18;   114  Fed.  777. 
Silvey  v.  Tift,  17  Am.  B.  R.  9,  123  Ga.  804,  51  S.  E.  748. 

Right  to  rescind  depends  upon  the  conditions  and  intention  of  the  buyer, 
when  the  contract  was  made,  irrespective  of  conditions  at  time  of  delivery. 
In  re  Levi  and  Picard,  16  Am.  B.  R.  756;  148  Fed.  654. 
In  re  Rose,  14  Am.  B.  R.  345,  135  Fed.  888. 
In  re  Levi  and  Picard,  17  Am.  B.  R.  430. 
McEwen  v.  Totten  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  336;  164  Fed.  8.37 ;  90  C.  C.  A. 


FORMS  IN   BANKKUPTCY.  413 

In  re  McDonald,  14  Am.  B.  R.  797;   138  Fed.  463. 

Southern  Pine  Co.  v.  Savannah  Trust  Co.  (C.  C.  A.  5th  Cir.),  15  Am.  B.  R. 
618;   141  Fed.  802;   73  C.  C.  A.  60. 

Recission  for  Fraud. 

In  re  Weil,  7  Am.  B.  R.  90;  111  Fed.  897. 

In  re  Davis,  7  Am.  B.  R.  273;   112  Fed.  294. 

Blooming-dale  v.  Empire  Rubber  Mf'g  Co.,  8  Am.  B.  R.  74;   114  Fed.  1016. 

Wm.  Openhym  &  Sons  v.  Blake  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  639;  157  Fed. 
536;    87  C.  C.  A.   122. 

Haywood  Co.  v.  Pittsburgh  Industrial  Iron  Works,  19  Am.  B.  R.  780. 

In  re  Darlington  (D.  C.  N.  Y.),  20  Am.  B.  R.  800. 

In  re  Dunlop  (Dunlop  v.  Mercer,  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  3G1;  156  Fed. 
545;   86  C.  C.  A.  435. 

In  re  Schindler,  19  Am.  B.  R.  800;   158  Fed.  458. 

In  re  Susquehanna  Roofing  Co.,  23  Am.  B.  R.  5. 

Crucible  Steel  Co.  of  America  v.  Holt  (C.  C.  A.  6th  Cir.),  23  Am.  B.  R.  302;  174 
Fed.  127. 

When  right  to  reclaim  denied.  • 

In  re  Hill  Co.  (C.  C  A.  7th  Cir.),  12  Am.  B,  R.  221  (note);  123  Fed.  806;  59 
C.  C.  A.  354. 

In  re  Simpson  Mf'g  Co.  (C.  C.  A.  7th  Cir.),  12  Am.  B.  R.  212;  130  Fed.  307;  64 
C.  C.  A.  553. 

In  re  Priegle  Paint  Co.,  23  Am.  B.  R.  385. 

See,  In  re  Froelich  Rubber  Refining  Co.,  15  Am.  B.  R.  72;  139  Fed.  201. 

In  re  O'Connor,  7  Am.  B.  R.  428. 

In  re  American  Knit  Goods  Mfg.  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  212;  155  Fed. 
906. 

When  claimant  has  filed  a  claim  and  voted  for  the  trustee  with  knowledge 
of  the  bankrupt's  fraudulent  representations,  he  may  not  afterwards  rescind  the 
contract,  withdraw  his  claim  and  reclaim  the  goods. 

Standard  Varnish  Works  v.  Haydock  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  286; 
143  Fed.  318;   74  C.  C.  A.  456. 

In  re  Kenyon,  19  Am.  B.  R.  194;   156  Fed.  863. 

In  re  Pierce  (C.  C.  A.  8th  Cir.)  19  Am.  B.  R.  664;  157  Fed.  757;  85  C.  C.  A.  14. 

Absolute  bill  of  sale  in  effect  a  chattel  mortgage,  void  for  failure  to  file 
as  required  by  State  law. 

In  re  Gerstman  &  Bandman  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  145;  157  Fed. 
550;  85  C.  C.  A.  211;  afE'g  17  Am.  B.  R.  882. 

In  re  Schlessel,  18  Am.  B.  R.  434. 

As  to  right  of  reclaiming  creditor  to  subsequently  file  claim  after  expiration 
of  year. 

See,  In  re  Landis,  19  Am  B.  R.  420;   156  Fed.  318. 

Sale  or  bailment. 

York  Mfg.  Co.  v.  Cassell  (U.  S.  Sup.),  15  Am.  B.  R.  633;  201  U.  S.  344;  50  L.  Ed. 
752;  rev'g  14  Am.  B.  R.  52. 

In  re  Wells,  15  Am.  B.  R.  419;  140  Fed.  752. 

In  re  Tice,  15  Am.  B.  R.  97;   139  Fed.  52. 

In  re  Heckathorn,  16  Am.  B.  R.  467;  144  Fed.  499. 

In  re  Wood,  15  Am.  B.  R.  411;   140  Fed.  964. 

In  re  Galb  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  575;  120  Fed.,  61. 

In  re  Poore,  15  Am.  B.  R.  174;  139  Fed.  862. 

In  re  Pierce  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  664;  157  Fed.  757;  85  C.  C.  A.  14. 

In  re  Fabian,  18  Am.  B.  R.  488;  151  Fed.  949. 


414  FORMS  IN  BANKRUPTCY. 

In  re  Smith  &  Nixon  Piano  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  636;  149  Fed. 
Ill;  79  C.  C.  A.  53;  rev'g  13  Am.  B.  R.  276. 

When  "  consigned  goods  "  may  not  be  reclaimed. 

In  re  Penny  &  Anderson  (D.  C.  N.  Y.),  23  Am.  B.  R.  115;   176  Fed.  141. 

Conditional  Sale.     Pennsylvania  Rule,  "  constructively  fraudulent." 

In  re  Butterwick,  12  Am.  B.  R.  536;  131  Fed.  371. 

In  re  Rinker,  23  Am.  B.  R.  62;   174  Fed.  490. 

In  re  Burt,  19  Am.  B.  R.  123;  155  Fed.  267;  In  re  Morris,  19  Am.  B.  R.  422; 
156  Fed.   597. 

Only  recovery  of  the  identified  goods  may  be  had;  as  to  goods  sold  or 
otherwise  disposed  of  by  the  bankrupt,  the  vendor  is  left  to  his  remedy  as  a 
creditor. 

In  re  Eliowich,  17  Am.  B.  R.  419;   148  Fed.  464. 

Surrender  of  payments. 

In  re  Murphy-Barbee  Shoe  Co.,  11  Am.  B.  R.  428. 

Identity  of  goods  must  be  established  before  delivery  to  claimant. 

Coleman  v.  Sherman.  8  Am.  B.  R.  763. 

Burden  of  proof  as  to  identity. 

Smith  V.  Mottley   (C.  C. 'a.  6th  Cir.),  17  Am.  B.  R.  863;   150  Fed.  266;  80  C.  C. 

A.  154. 

Money  paid  under  a  mistake  of  fact  is  impressed  with  a  constructive  trust 
which  follows  it  in  the  hands  of  the  trustee  in  bankruptcy.    Thomas  v.  Taggart,  19  Am. 

B.  R.  710;  209  U.  S.  385;  52  L.  Ed.  845;  aff'd,  In  re  Berry  &  Co.   (C.  C.  A.  2nd  Cir.), 
16  Am.  B.  R.  564;   149  Fed.  176;  79  C.  C.  A.  124. 

See,  on  following  funds  in  hands  of  factors. 

Bills  V.  Schliep  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  607;  127  Fed.  103;  62  C.  C.  A. 
103. 

What  petition  should  contain. 

Sufficient  allegations  to  sustain  a  complaint  in  trover,  or  such  as  are  required 
by  the  strictest  practice  in  an  affidavit  in  replevin. 

In  re  Levi  &  Picard   (D.  C.  N.  Y.),  17  Am.  B.  R.  430. 
Contra. 

In  re  Pierce    {supra). 

Where  the  contract  is  rescinded  for  false  representation  inducing  the  sale,  the 
petition  should  allege  that  at  the  time  of  making  the  contract  of  sale,  the  bankrupt 
did  not  intend  to  pay  for  the  goods. 

In  re  Levi  &  Picard   (D.  C.  N.  Y.),  17  Am.  B.  R.  430. 

Contra 

In  re  Hamilton  Furniture  &  Carpet  Co.    (D.  C.  Ind.)    (supra). 

Conditional  Sedes. 

Reservation  of  title. 

York  Mfg.  Co.  v.  Brewster   (C.  C.  A.  5th  Cir.),  23  Am.  B.  R.  474;  174  Fed.  566. 

.John  Deere  Plow  Co.  v.  Anderson   (C.  C.  A.  5th  Cir.),  23  Am.  B.  R.  480;  174  Fed. 


815 


Chilberig  v.  Smith   (C.  C.  A.  9th  Cir.),  23  Am.  B.  R.  483;  174  Fed.  805. 

Ludvigh  v.  American  Woolen  Co.,  and  Ano.,  23  Am.  B.  R.  314;  176  Fed.  145. 

In    Indiana,   not  valid   when   purpose  is  a   resale  of  the  article. 

In  re  Gilligan  (Troy  Wagon  Works  v.  Hancock),  (C.  C.  A.  7th  Cir.),  23  Am.  B.  R. 
668. 

W.  A.  Wood  Mowing  &  R.  Machine  Co.  v.  Vanstory  (C.  C.  A.  4th  Cir.),  22  Am. 
B.  R.  740;  171  Fed.  375. 

Corbitt  Buggy  Co.  v.  Ricaud  (C.  C.  A.  4th  Cir.),  22  Am.  B.  R.  816;  169  Fed.  935. 

The  validity  of  contract  depends  upon  the  law  of  the  State  where  chattels  are 
placed. 


FORMS  IN  BANKRUPTCY.  415 

Davis  V.  Crompton  (C.  C.  A.  3rd  Cir.),  20  Am.  B.  R.  53;  158  Fed.  735;  85  C.  C. 
A.  633. 

First  Nat.  Bank  of  Pittsburgh  v.  Guarantee  Title  and  Trust  Co.,  178  Fed.  187. 

In  re  E.  M.  Newton  &  Co.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  567;  153  Fed.  841  ; 
83  C.  C.  A.  23. 

Unitype  Co.  v.  Long  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  282;  149  Fed.  196;  79 
C,  C.  A.  154;  aff'g  14  Am.  B.  R.  668. 

In  re  Angeny  (D.  C.  Pa.),  18  Am.  B.  R.  491;  151  Fed.  959;  dist'g  In  re  Tice,  15 
Am.  B.  R.  97;   139  Fed.  52. 

In  re  Cohen   (D.  C.  N.  Y.),  20  Am.  B.  R.  796. 

Mishawaka  Woolen  M'f'g  Co.  v.  Smith  (D.  C.  Wis.),  20  Am.  B.  R.  317;  158  Fed. 
885. 

Pontiac  Buggy  Co.  v.  Skinner   (D.  C.  N.  Y.),  20  Am.  B.  R.  206;   158  Fed,  858. 

Pridmore  v.  Puffer  M'f'g  Co.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  851;  163  Fed. 
496;  90  C.  C.  A.  42. 

In  re  Columbus  Buggy  Co.  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  759;  143  Fed.  859; 
74  C.  C.  A.  611. 

Fedlure  to  record. 

In  New  Hampshire  trustee  takes  no  title. 

In  re  Cavagnaro,  16  Am.  B.  R.  320;   143  Fed.  668. 

In  Georgia. 

In  re  Atlanta  News  Pub.  Co.,  20  Am.  B.  R.  193;   160  Fed.  519. 

See,  In  re  Perkins   (D.  C.  Me.),  19  Am.  B.  R.  134;  155  Fed.  237. 

Burden  of  proof  upon  claimant. 

In  re  Murphy,  etc.,  Shoe  Co.   (supra). 

In  re  Heckathorn   (D.  C.  Pa)        16  Am.  B.  R.  407;   144  Fed.  499. 
Right  of  inspection  to  claimant. 
In  re  Sauer,   10  Am.  B.  R.  353;    122  Fed.  101. 
Trustee  proper  party  to  defend  against  reclamation. 
In  re  Schlessel   (supra). 

Not  necessary  that  false  representations  should  be  the  sole  and  exclusive  consider- 
ation for  the  credit,  but  only  that  they  were  a  material  consideration. 
In  re  Gany,  4  Am.  B.  R.  576;  103  Fed.  930. 


FORM  No.  275. 

NOTICE  OF  MOTION  TO  RECLAIM. 

In  the  District  Court  of  the  United  States, 

for  the District  of , 

In  Bankruptcy. 


In  the  Matter 

OP 


bankrupt. 


■  J 


No. 


Please  take  notice  that  upon  the  annexed  petition  of 


416  FORMS  IN  BANKRUPTCY. 

verified  the day  of ?  19-  •>  and  upon  the  petition  in  bank- 
ruptcy and  all  the  proceedings  herein,  I  shall  move  this  Court,  at  a  Stated  Term 

thereof  to  be  held  at  the  United  States  Court  House  in  the  City  of 

on  the day  of ,  19 .  .,  at  ....  o'clock  in  the  .  . ,  .noon  of  said 

day,  or  as  soon  thereafter  as  counsel  can  be  heard,  for  an  order  directing  and 

requiring Esq.,  the  temporary  receiver  herein,  to 

turn  over  and  deliver  to  the  property  mentioned  and 

described  in  Schedule  ^'  A  "  hereto  annexed,  or  so  much  thereof  as  has  come 
into  his  possession,  upon  such  petitioner  executing  and  filing  herein  a  bond  in 
the  sum  and  form  required  by  this  Court,  and  for  such  other  and  further  relief 
as  may  be  just  and  proper  in  the  premises. 

Dated ,19... 

Yours,  etc.. 


Attorney  for  Petitioner, 
[Address.] 

To 

Temporary  Receiver  of , 

Bankrupt. 

Messrs 

Attorneys  for  Receiver. 


FORM  No.  276. 

ANSWER  IN  RECLAMATION. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


No. 


as  Receiver  in  Bankruptcy  of  the  estate  of  the 

above  named  bankrupt,  answering  the  petition  of  the  claimant  herein,  shows 
and  alleges,  upon  information  and  belief : 

1.  Admits  the  allegations  of  plaintiff's  petition  numbered    ....,     ...., 
,     ,     ,     ,  and 

2.  The  receiver  further  answering  the  said  petition  denies  that  he  has 


FORMS  IN  BANKRUPTCY.  417 

knowledge  or  information  sufficient  to  form  a  belief  as  to  the  allegations  of 
paragraph  numbered  ....  and  ....  of  said  petition,  and  therefore  denies  same. 

3.  The  receiver  further  answering  the  said  pettiion,  denies  the  allega- 
tions of  paragraph  ....  of  said  petition. 

4.  The  receiver  denies  the  allegations  of  paragraph ,  but  admits 

that  a  letter  dated    ,  from  the  attorneys  for  tlie  petitioner 

herein  and  written  after  the  filing  of  the  petition  of  bankruptcy  herein  and 
containing  an  alleged  demand  was  received  by  the  bankrupt  herein. 

5.  The  receiver  further  answering  the  said  complaint  admits  that  a 
certain  portion  of  the  property  claimed  by  the  petitioner  has  come  into  the 
hands  of  the  receiver  as  a  part  of  the  assets  belonging  to  this  estate. 

The  receiver  further  answering  said  petition  and  as  a  further  and  separate 
defense  (or  counter-claim)  thereto  alleges: 

[Here  set  forth  specifically  defense  or  coimter-claim.] 

Wherefore,  the  receiver  demands  judgment  dismissing  the  petition  of  the 
claimant  herein,  with  costs. 


As  Receiver  in  Bankruptcy  of 
[Address.] 


Attorney  for  Receiver. 

(Verification.) 

[Trustee  after  appointment  proper  person  to  answer  and  defend.] 


FORM  No.  277. 

BOND  IN  RECLAMATION  FOR  POSSESSION  OF  PROPERT7. 

United  States  District  Court, 

,  , » , District  of 

In  Bankruptcy. 


In  the  Mattkk 

OP 


bankrupt. 


y   No. 


Know  all  men  by  these  presents : 

That  we,   of as  Principal,  and 

a  Corporation  organized  under  the  laws  of  the   State  of 

,  with  offices  at  No Street,  in  the  City  of 

State  of (a  certificate  having  been  filed  for  the  transaction  of 

its  business  with  the  Secretary  of  State),  as  Surety,  are  held  and  firmly  bound 


418  FORMS  IN  BANKRUPTCY. 

unto ,  as  Temporary  Keceiver  for bankrupt, 

and  to  the  Trustee  in  Bankruptcy  of  the  said  Bankrupt  when  elected,  or  their 

or  either  of  their  successors  or  assigns,  in  the  sum  of dollars 

[amount  double  value  of  property],  lawful  money  of  the  United  States  of 
America,  for  which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our 
successors  and  assigns,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this day  of in 

the  year  one  thousand  nine  hundred  and 

Whereas,  in  the  above  entitled  proceeding  a  petition  was  duly  presented  on 

behalf  of  the  above  bound  principal  praying  that as  sucli 

receiver  aforesaid  deliver  to  the  said  petitioner  certain  property  described 
in  the  said  petition ;  and 

Whereas,  an  order  was  duly  entered  on  the day  of 

directing  the  said Receiver  as  aforesaid,  to  deliver  to  the  said 

principal,  or  his  order,  certain  property  described  in  the  said  petition,  or  so 

much  thereof  as  shall  have  come  into  the  possession  of  the  said 

receiver,  upon  condition  that  the  said  principal  execute,   acknowledge   and 

deliver  to  the  said as  receiver,  a  good  and  sufficient  bond 

conditioned  as  provided  for  in  said  order. 

Xow,  therefore,  the  condition  of  this  obligation  is  such,  that  if  in  case  it 
shall  be  finally  determined  that  the  said  principal  is  not  entitled  to  the  said 
goods  above  referred  to,  as  by  the  final  judgment  or  order  may  appear,  the 

said  principal  shall  well  and  truly  pay  to  the  said receiver  as 

aforesaid,  his  successor  or  successors,  or  to  the  trustee  who  shall  hereafter 
qualify  in  the  above  entitled  proceeding,  the  value  of  the  goods  as  agreed, 

namely   dollars,  which  value  is  hereby  agreed  upon  as  the 

value  of  the  said  goods  at  the  time  of  delivery,  together  with  interest  and  costs, 
and  if  the  said  petitioner  shall  diligently  prosecute  the  aforesaid  petition,  and 
the  performance  of  any  and  all  judgments  or  final  orders  which  may  be  finally 
recovered  against  the  said  property  in  this  court,  or  any  appellate  court,  in 
case  of  appeal  or  review,  and  the  said  principal  and  surety  stipulate  to  abide 
by  all  orders  of  the  court,  interlocutory  and  final,  and  to  pay  the  amount 
awarded  by  the  final  judgment  or  decree  rendered  by  the  Bankruptcy  Court 
or  the  Appellate  Court,  if  an  appeal  or  petition  to  review  intervene,  with 
interest. 

And  that  a  decree  or  judgment  may  be  entered  summarily  against  it  as 

provided  by  Rule   and  upon  said  decree  or  judgment  being  entered, 

summary  process  of  execution  shall  be  issued  against  the  principal  and  the 
surety  by  the  Court  in  which  such  claim  is  presented  to  enforce  the  final 
order  or  decree  as  rendered  or  upon  appeal  by  the  Appellate  Court,  then  this 
obligation  is  to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

,  L.  S. 


By , 

Aitorneij-in-fact. 
(Acknowledgment  by  principal  and  surety.) 


FORMS  IX  BANKRUPTCY. 


•il9 


FORM  No.  278. 

ORDER  OF  REFERENCE  TO   SPECIAL  I^IASTER. 

At  a   Stated  Term  of  the  United  States 

District  Court  for  the District 

of held  at  the  U.  S.  Court  House 

in    on   the    

Present :  day  of 19 . . . 

Honorable District  Judge: 


In  the  Matter 

OF 


Bankrupt. 


On  reading  and  filing  the  petition  of verified  the day 

of 19 .  .  and  it  appearing  therefrom  that  the  petitioner  seeks  to 

recover  possession  of  certain  goods  now  in  the  possession  of 

Esq.,  the  Receiver  in  Bankruptcy  of  the  above  named  bankrupt  under  a 
claim  of  title  thereto  and  the  said  receiver  having  filed  his  duly  verified 
answer  denying  the  right  of  petitioner  to  such  possession.  Now  on  motion  of 
,  attorney  for  said  petitioner,  it  is 

Ordered,  that  the  said  petition  be  and  the  same  hereby  is  referred   to 

Esq.  as  Special  Master  for  examination,  testimony  and 

report,  and  it  is  further  ordered  that  pending  the  report  of  said  special  master 
and  entry  of  order  thereon,  the  said  receiver  in  bankruptcy  retain  possession 
of  said  goods  unless  petitioner  execute  and  file  herein  a  bond  in  double  the 
value  of  said  goods  in  the  manner  and  form  approved  by  this  Court. 

,        District  Judge. 


FORM  No.  279. 

REPORT  OF  SPECIAL  MASTER  IN  RECLAMATION. 

District  Court  of  the  United  States, 
District  of   


In  the  Matter 

OF 


Bankrupt. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 
District  of : 


420  FORMS  IN  BANKRUPTCY. 

I,  the  undersigned  Referee  in  Bankruptcy,  to  whom  as  Special  Master  the 

application  of  for  an  order  directing  the  receiver  herein 

to  deliver  to  petitioner  or  his  attorney  certain  property  in  said  petition  men- 
tioned, was  duly  referred  by  order  dated   for  examination, 

testimony  and  report,  do  hereby  report  as  follows : 

That  the  above  matter  was  duly  brought  on  for  hearing  before  me  and 
proceedings  had  thereon  of  which  stenographic  minutes  are  tiled  herewith, 
marked  Schedule  "  A." 

[That  an  agreed  statement  of  facts  was  submitted  to  me,  which  is  filed 
herewith  marked  Schedule  "  B."] 

Findings  of  Fact. 
From    the    documents    and    proceedings    had    herein    it    appears    that: 
(Here  set  forth  facts  forming  basis  for  report.) 


Conclusions  of  Law. 


[Furthermore,  the  precise  questions  here  under  consideration  appear  to  have 

been  considered  and  decided  in  the  case  of by  Judge 

in  the  District  of ] 

For  the  foregoing  reasons  I  am  of  opinion  that  the  petition  of  the 
claimant  should  be  granted  [or  denied]. 

I  state  my  fee  as  Special  Master  at  the  sum  of  $ and  return  here- 
with all  papers  in  this  proceedings. 

(All  of  which  is  respectfully  submitted.) 

Dated   ,  19... 


Special  Master. 


FORMS  IN  BANKRUPTCY.  421 

FORM  No.  280. 

JTJDGMENT  IN  RECLAMATION   FOR   DELIVERY,   ETC. 

At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of held  in  the  United 

States  Court  House  in  the  city  of 

on  the  ......  day  of 19 . . . 

Present : 

Hon , 

District  Judge. 


Ix  THE  Matter 

OF 


bankrupt. 


No. 


,   having   duly   heretofore   filed   his   petition   praying 

leave  to  reclaim  certain  property  more  particularly  mentioned  and  described 
in  said  petition  upon  the  grounds  that  the  said  bankrupts  above  named  while 
insolvent,  to  their  knowledge,  obtained  delivery  of  the  said  property  with 
intent  upon  their  part  not  to  pay  therefor,  and  that  the  purchase  and  sale  of 
the  said  property  was  induced  by  certain  false  and  fraudulent  representations 
as  to  their  financial  condition  as  is  more  particularly  set  forth  in  said  petition ; 
and  the  receiver  of  the  said  bankrupts  above  named  having  duly  filed  his 

answer  and  the  issues  having  been  duly  referred  to Esq.,  as 

Special  Master;  and  a  trial  of  the  said  issues  having  been  had,  and  the  said 

Special  Master  having  duly  rendered  his  report  dated  the    day  of 

19. .,  in  favor  of  the  said  reclaiming  creditor  and  against  the 

said  Receiver;  and  a  motion  having  been  duly  made  for  the  entry  of  an 
order,  judgment  and  decree  in  all  respects  and  things  confirming  the  said 
report  of  the  said  special  master,  and  that  final  judgment  be  entered  in  favor 

of  the  said  creditor  and  against  the  said  receiver,  and  after  hearing 

of  counsel  for  the  reclaiming  creditor  in  support  of  the  said  application  for 

judgment,  and as  counsel  for  the  receiver  in  opposition 

thereto,  and  due  deliberation  having  been  had, 

It  is,  on  motion  of attorneys  for  said  creditor 

Ordered,  adjudged  and  decreed  that  the  report  of   Esq. 

be  and  the  same  is  hereby  in  all  respects  confirmed,  and  it  is  further 

Ordered,  adjudged  and  decreed  that  do  recover  of  the  Re- 
ceiver of  the  bankrupts  above  named  the  property  more  particularly  and  in 


432  FORMS  IN  BANKRUPTCY. 

detail  set  out  in  the  schedule  hereto  annexed  and  marked  "  Schedule  A,"  or 
in  the  event  of  the  failure  or  inability  of  the  said  receiver  to  deliver  the  said 

property  to  the  said  creditor  as  aforesaid  then  that  the  said  creditor 

do  recover  of  the  said  receiver  of  the  bankrupts  above  named 

damages  in  the  sum  of  $ with  interest  thereon  from  the 

day  of ,  and  it  is  further 

Ordered,  adjudged  and  decreed  that  do  recover  of  the  re- 
ceiver of  the  bankrupt  estate  herein  the  costs  and  disbursements  of  this  pro- 
ceeding as  taxed  by  the  clerk  of  this  court  at  the  sum  of  $ ,  and 

that  the  clerk  of  this  court  be  and  he  hereby  is  directed  to  docket  a  judgment 

in  favor  of  the  said and  as  against  the  temporary  receiver 

of  the  bankrupts  above  named,  for  the  recovery  of  the  above  property  or 
damages  in  the  event  of  failure  to  deliver  the  same,  together  with  the  costs 
and  disbursements  so  taxed,  the  same  to  be  paid  out  of  the  bankrupt  estate. 


District  Judge. 


FORM  No.  281. 

BILL  or  COSTS  IN  RECLAMATION  AND  NOTICE  OF  TAXATION. 

United  States  District  Court 

for  the District  of .:.:.-« 

In  Bankruptcy. 


In  the  Matter 

OF 


BanJciqyt. 
Re  Reclamation  Proceedings  of 


> 


Bill  of  Costs. 


Costs. 
Docket  fee $20 


FORMS  IN  BANKRUPTCY.  423 

Disbursements. 


Fee  of  Special  Master 

Stenographer's  fee  for  testimony  on  hearing. 


Total, 


State  of  "j 

County  of   yss. 


District  of 


,  being  duly  sworn,  says :  that  he  is  the  attorney  for 

,  claimant  (or  respondent)  herein ;  that  the  foregoing 

disbursements  are  correct  in  amount,  necessarily  incurred,  and  have  actually 
been  paid  by  deponent.  That  this  affidavit  is  made  by  deponent  because 
better  informed  than  claimant  as  to  the  same. 


Sworn  to  before  me  this 

day  of ,  19.. 

Sir  :— 

You  will  please  take  notice,  that  a  bill  of  costs,  of  which  the  within  is  a 
copy,  will  be  presented  to  the  Clerk  of  the  United  States  District  Court  for 

the District  of ,  at  his  office  in  the  United  States 

Court  House,  City  of ,  on  the  ....  day  of  ,  19.  ., 

at  o'clock  in  the  ...  .noon  of  that  day  for  taxation  and  the  amount  thereof 
inserted  in  the  order  heretofore  noticed  for  settlement. 

Dated, 

Yours,  etc., 


Attorney  for 

Address 
Claimant  [or  respondent.] 


To: 


.,  Esq., 

Attorney  for  claimant  [or  respondent^ 


NOTE. 
Costs  on  dismissal.     In  re  Schocket,  24  Am.  B.  R.  47. 


TITLE  XII. 

MISCELLANEOUS  PROCEEDINGS  AND  ORDERS. 


FOEM  No.  282.  Affidavit  to  dissolve  Lien  of  Attachment. 

283.  Notice  of  Motion  thereon. 

284.  Order  dissolving  Lien  of  Execution. 

285.  Order  adjudging  Bankrupt  in  Contempt. 

286.  Answer  of  Bankrupt  to  Rule  for  Contempt. 

287.  Order  purging  of  Contempt. 

288.  Answer   of  Assignee   for   Benefit   of    Creditors   to   Rule   to   turn   over 

Property  to  Receiver  in  Bankruptcy. 

289.  Petition  to  reopen  Estate. 

290.  Order  designating  Depository  of  Bankruptcy  Funds. 

291.  Bond  of  Depository. 

FORM  No.  282. 

AFFIDAVIT  TO  DISSOLVE  LIEN  OF  ATTACHMENT. 

Court. 


of 


Plaintiffs 
VS. 


Defendant. 


State  of 1 

County  of ]  ^^' 

,  being  duly  sworn,  deposes  and  says : 

1.  That  he  is  the  temporary  receiver  in  bankruptcy  of , 

defendant  above  named. 

2.  That  in  an  action  brought  in  the Court, 

County,  in  which   is  the  plaintiff  and 

said is  the  defendant,  on , 

424 


FORMS  IN  BANKRUPTCY.  425 

19..,  a  warrant  of  attachment  was  issued  by  the  plaintiff  to  the  Sheriff  of 

the  County  of against  the  property  of  the  said 

;  that  the  sum  claimed  in  the  said  action  under  which  the  said 

warrant  of  attachment  was  issued  was  $ That  on  or 

about  the  said   day  of ,  19 .  . ,  and 

under  and  pursuant  to  the  said  warrant  of  attachment,  the  Sheriff  of  the 

County  of   attached  the  following  property  of  the 

said    : 


situated  at That  the  said  attachment  was  levied  by 

leaving  a  notice  of  the  same  with  the  said and  by  plac- 
ing a  keeper  in  charge  of  the  property  at That  the 

said  attachment  has  not  been  vacated  nor  discharged  and  the  said  Sheriff 
now  claims  to  be  in  custody  of  the  said  property  at  No 

3.  That  on  the   day  of  ,  19.., 

, and duly  filed  in  a  petition 

in  the  United  States  District  Court  for  the   District  of 

,  praying  that  the  said    be 

adjudged  an  involuntary  bankrupt;  that  the  act  of  bankruptcy  alleged  in  the 
petition  was    

That  on  the day  of ,  19.  .,  upon  the  petition 

of   ,  deponent  was  duly  appointed  receiver  of  all  the 

assets  of  the  above  named  defendant  and  required  to  file  a  bond  in  the  penalty 
of  dollars  ($ )  for  the  faithful  per- 
formance of  his  duties.     That  deponent  has  duly  qualified  by  filing  a  bond  in 

the  penalty  required  and  is  now  acting  as  such  receiver.     That  on  the 

day  of    ,   19 . . ,  the  said    

was  duly  adjudicated  a  bankrupt  upon  said  petition. 

4.  That  said  attachment  was  levied  on  the  day  of  

,  19. .,  within  four  months  prior  to  the  filing  of  the  petition  in  bank- 
ruptcy against  the  said ,  defendant  herein,  and  is  null 

and  void  by  virtue  of  the  provisions  of  Section  67-c  and  f  of  the  United 
States  Bankruptcy  Act  of  1898  and  the  amendments  thereof. 

5.  That  by  reason  of  said  attachment,  deponent  has  not  been  able  to  take 

the  said  property  at into  his  possession  as  receiver  in 

bankruptcy.  That  deponent  verily  believes  that  the  lien  of  the  said  attach- 
ment should  be  dissolved  and  discharged,  the  property  released  and  that  the 

fees  and  charges  of  the  Sheriff  of  the  County  of , 

should  be  taxed  and  allowed  by  this  Court. 

No  previous  application  has  been  made  for  an  order  herein. 

J 

Sworn  to  before  me  this 

day  of ,  19. .. 


426  FORMS  IN  BANKRUPTCY. 

NOTES. 

Act,  Sec.  67  c  and  f. 

An  attachment  lieu  is  within  the  provisions  of  sub-section  c  as  ■well  as  f. 

In  re  Higgins,  3  Am.  B.  K.  364 ;  97  Fed.  775. 

In  re  Kemp,  4  Am.  B.  R.  243  ;  101  Fed.  689. 

Wood  V.  Carr,  10  Am.  B.  R.  577  ;  24  Ky.  2144. 

See,  In  re  Tune,  8  Am.  B.  R.  286;  115  Fed.  906. 

Attachment  on  mesne  process  (Conn.). 

Metcalf  V.  Barker  (U.  S.  Sup.),  9  Am.  B.  R.  36;  187  U.  S.  165;  47  L.  Ed.  122. 

Schmilovitz  v.  Bernstein,  5  Am.  B.  R.  265;  47  Atl.  884;  22  R.  I.  330. 

While  67  f .  discharges  the  lien  it  does  not  vacate  the  writ  of  attachment. 

King  V.  Bloch  Amusement  Co.,  20  Am.  B.  R.  784  ;  126  N.  Y.  App.  Div.  48  ;  111 
N.  Y.  Sup.  103. 

In  re  Walsh  Bros.,  20  Am.  B.  R.  472;  159  Fed.  560. 

The  lien  by  attachment  made  prior  to  four  months  period  and  followed  by  judgment 
(and  levy)  within  said  period,  not  dissolved  by  sub-section  f. 

In  re  Blair,  6  Am.  B.  R.  206;  108  Fed.  529. 

Pepperdine  v.  Bank  of  Seymour,  10  Am.  B.  R.  570. 

In  re  Snell,  11  Am.  B.  R.  35;  125  Fed.  154. 

See,  In  re  Warner,  16  Am.  B.  R.  519;  144  Fed.  987. 

Batchelder  &  Co.  v.  Wedge  (Sup.  Ct.  Vt.)  19  Am.  B.  R.  268. 

In  re  U.  S.  Graphite  Co.,  20  Am.  B.  R.  573;  161  Fed.  583. 

In  re  Beaver  Coal  Co.  (C.  C.  A.  9th  Cir.),  7  Am.  B.  R.  542;  113  Fed.  889  ;  51  C.  C.  A. 
519,  aff'g  6  Am.  B.  R.  404;  110  Fed.  630. 

Where  application  to  dissolve  should  be  made. 

In  State  Court  also  by  better  practice,  but  may  be  brought  in  Federal  court. 

Hardt  v.  Schulykill,  etc.,  Co.  (N.  Y.  App.  Div.  Dept.  1st  ),  8  Am.  B.  R.  479;  69  App. 
Div.  90. 

No  laches  of  trustee  makes  valid. 

Hardt  v.  Schuylkill,  etc.,  Co.  {supra). 
Jurisdiction  to  stay  proceedings  to  enforce  attachment. 

Tennessee  Producer  Marble  Co.  v.  Grand  et  al.  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  288; 
135  Fed.  322;  67  C.  C.  A.  676. 

Property  in  hands  of  an  ancillary  receiver  in  bankruptcy  is  in  custodia  legis  and  an 
attachment  will  not  lie  against  it. 

In  re  Nelson  &  Bro.,  18  Am.  B.  R.  66;  149  Fed.  590. 

Sheriff  having  actual  possession  of  property  not  guilty  of  contempt  for  refusal  to  turn 
over  property  on  demand  of  receiver  when  acting  in  good  faith  and  on  advice  of  counsel 
unle.ss  fees  are  paid. 

Orr  V.  Tribble  (D.  C.  Ga.),  19  Am.  B.  R.  849;  158  Fed.  897. 

Possession  of  sheriff. 

In  re  Walsh  Bros.,  20  Am.  B.  R.  472;  159  Fed.  560. 

By  analogy  in  case  of  execution. 

In  re  Kenney.  5  Am.  B.  R.  355;  105  Fed.  897. 

Levor  v.  Seiter,  8  Am.  B.  R.  459;  69  N.  Y.  App.  Div.  33  ;  modlf'g  5  Am.  B.  R.  576; 
34  N.  Y.  Misc.  382. 

A  trustee  in  bankruptcy  is  entitled  to  recover  the  proceeds  of  a  sale  of  bankrupt's 
property  sold  under  a  judgment  in  an  attachment  suit  instituted  subsequent  to  the  filing 
of  the  petition. 

Cox  V.  State  Bank  of  Chicago,  11  Am.  B.  R.  112;  125  Fed.  654. 

Plaintiff  in  attachment  suit  not  deemed  a  bona  fide  holder  for  value. 

In  re  Kaupisch  Creamery  Co.  (D.  C.  Or.).  5  Am.  B.  R.  790;  107  Fed.  98. 


FORMS  IN  BANKRUPTCY.  ijt2r 

Priority  of  costs  in  attachment  suit. 

In  re  The  Copper  Kiug  (Lim,),  16  Am.  B.  R.  148  ;  143  Fed.  649. 
Contra.  In  re  Goldberg  Bros.,  16  Am.  B.  R.  521 ;  144  Fed.  566. 
(For  other  cases  see  notes  to  Form  No.  149.) 

Sheriff's  right  to  fees  for  poundage  and  expenses. 

In  re  Andre  (C.  C.  A.  2ud  Cir.),  13  Am.  B.  R.  132  ;  135  Fed.  736;  68  C.  C.  A.  374. 

Preserving  lien  of  attachment. 

Receivers  of  Virginia  Coal  &  Coke  Co.  v.  Staake  (C.  C.  A.  4th  Cir.),  13  Am.  B.  R.  281; 
183  Fed.  717;  66  C.  C.  A.  547;  aff'd,  202  U.  S.  141. 


FORM  No.  283. 

NOTICE  OF  MOTION  TO  DISSOLVE  LIEN  OF  ATTACHMENT. 

Court, 


of 


Plaintiffs 
VS. 


Defendant. 


Please  take  notice  that  on  the  petition  of and 

others,  filed  in  the  United  States  District  Court  for  the  Dis- 
trict of  ,  on  the   day  of 

,  19 .  . ,  to  have  the adjudged  a  bankrupt, 

the  adjudication  in  bankruptcy.and  on  the  affidavit  of , 

verified ,  19.  .,  hereto  annexed,  and  on  all  the  proceedings 

herein,  I  shall  move  this  court,  at  a   term  thereof, 

appointed  to  be  held  at  the Court  House,  City  of 

,  on   ,  the   day  of , 

19. .,  at o'clock  in  the  noon,  or  as  soon  thereafter  as  counsel 

can  be  heard  for  an  order  that  the  lien  of  the  warrant  of  attachment  hereto- 
fore issued  against  the  property  of  the    to  the 

Sheriff  of  the  County  of in  this  action,  brought  by 

as  plaintiff,  against   as  defendant, 

be  dissolved  and  discharged  and  that  the  Court  fix  and  allow  to  the  Sheriff 
of  the  County  of ,  such  fees  and  charges  as  to  this  Court 


428  FORMS  IN  BANKRUPTCY. 

may  seem  proper  and  that  such  other  and  further  relief  in  the  premises  may 
be  granted  as  may  be  proper. 

Dated , , ,19... 


Attorney  for , 

Temporary  Receiver  in  Bankruptcy 

of   

To 

Messrs , 

Attorneys  for , 

Plaintif. 


Sheriff  of  the  County  of ,  .hw.t*. 


FORM  No.  284. 


ORDER  DISSOLVING  LIEN  OF  EXECUTION. 


At   a   stated   term   of   the   United    States 

District  Court  for  the   

District  of  ,  held  at 

the  United  States  Court  House,  City  of   .  . 

,  on  the   day  of 

,  19... 


Present  : 
Hon.  .. 


District  Judge. 


In  the  Matter 

OF 


y  No. 


bankrupt. 


Upon  reading  and  filing  the  petition  of ,  the  trustee 

herein,  verified  the   day  of   ,  19.  ., 

and  the  notice  of  motion  thereon  with  proof  of  due  service  of  said  motion 

papers  upon  the  attorneys  for   ,  execution 

creditor,  and  upon  the  Sheriff  of  the  County  of  


FORMS  IN  BANKRUPTCY.  439 

Now,  upon  motion  of ,  attorney  for  said  trustee  and 

petitioner,  and  no  one  appearing  in  opposition  thereto,  it  is 

Ordered,  that  the  lien  of  the  said  execution  creditor, , 

upon  the  property  belonging  to  the  above  named  bankrupt,  nou'  in  the  hands 
of  the  Sheriff  of  County  of  ,  (or  the  pro- 
ceeds of  the  said  execution  sale  held , ,  19.  . )  be  and  hereby 

is  dissolved  and  discharged,  and 

It  is  further  ordered,  that ,  as  Sheriff  of  the  County  of 

, ,  turn  over  forthwith  upon  payment  of  his  legal 

fees  and  expenses,  to ,  as  trustee  in  bankruptcy  herein,  the 

said  property  (or  moneys)  now  in  his  hands  as  proceeds  of  the  said  execution 
sale  of ,  19. .. 


D.  J. 


NOTES. 


Executions. 

When  lien  dissolved. 

In  re  Breslauer  (D.  C.  N,  Y.),  10  Am.  B.  R.  33;  121  Fed.  910. 

Right  of  sheriff  therein. 

In  re  Kenney  (C.  C.  A.  2nd  Cir.),  5  Am.  B.  R.  355;  105  Fed.  897;  45  C.  C.  A.  113; 
aff'g  3  Am.  B.  R.  353. 

Clarke  v.  Larremore  (U.  S.  Sup.),  9  Am.  B.  R.  476;  188  U.  S.  486;  47  L.  Ed.  555. 

Where  proceeds  of  an  execution  sale  have  been  turned  over  to  the  judgment  creditor, 
who  was  the  purchaser,  before  the  filing  of  an  involuntary  petition  against  the  judgment 
debtor,  the  latter'?  trustee  cannot,  by  summary  order,  recover  the  property  or  its  proceeds; 
the  remedy,  if  any,  is  by  plenary  action  for  a  preference. 

In  re  Bailey,  16  Am.  B.  R.  289. 

Levor  v.  Seiter  (N.  Y.  Sup.),  8  Am.  B.  R.  459;  69  K  Y.  App.  Div.  33);  modif'g  5 
Am.  B.  R.  576 ;  34  N.  Y.  Misc.  382. 

Stay  of  sale  imder  an  execution  upon  a  judgment  recovered  more  than  four  months 
before  filing  of  petition. 

In  re  Vastbinder,  13  Am.  B.  R.  148 ;  132  Fed.  718. 

In  re  Baughman,  15  Am.  B.  R.  23;  138  Fed.  742. 

See,  In  re  Easley,  1  Am.  B.  R.  715;  93  Fed.  419. 

Property  in  hands  of  trustee  not  subject  to  levy  under  an  execution  against  the 
bankrupt. 

In  re  Franklin  Lumber  Co.,  17  Am.  B.  R.  443;  147  Fed.  852. 


430  FOKMS  IN  BANKRUPTCY. 

FORM  No.  285. 

ORDER  ADJUDGING  BANKRUPT  IN  CONTEMPT. 

At  a   Stated  Term  of  the  United  States 

District  Court  for  the    

District  of  ,  held  at 

the  United  States  Court  House,  City  of . . . . 
,  on  the  day  of 

,  19-.. 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


No. 


A  motion  having  been  made  herein  by  ,  trustee  of  the 

above  named  bankrupt,  to  punish  the  said ,  bankrupt,  for 

contempt  of  court  in  having  disobeyed  the  lawful  order  of , 

referee  in  bankruptcy,  dated  ,  19.  .,  directing  the  said  bank- 
rupt,   ,  to  pay  over  to  his  said  trustee  in  bankruptcy,  the  sum 

of  $ ,  and  the  same  having  come  on  for  hearing,  now  on  reading  and 

filing  the  annexed  petition   of    ,   the   trustee   aforesaid, 

verified .,  19.  .,  the  annexed  certificate  of  said  referee,  dated 

,  19 .  .,  the  annexed  order  to  show  cause,  dated , 

19.  .,  with  proof  of  due  service  of  said  motion  papers  and  order  to  show  cause 
on  said  bankrupt;  and  due  deliberation  having  been  had  thereon,  and  after 

hearing    ,  counsel   for  said  trustee,   in  support  of  said 

motion,  and  ,  Esq.,  attorney  for  said  bankrupt  in  oppo- 
sition thereto,  on  motion  of ,  attorney  for  said  trustee,  it  is 

Ordered,  adjudged  and  determined, 

First,  That  the  report  of  the  referee  herein,  dated   ,  19.  . 

be  and  the  same  hereby  is  in  all  respects  confirmed. 

Second.     That  the  said  bankrupt, ,  is  guilty  of  a  contempt 

of  this  court  in  having  willfully  and  deliberately  disobeyed  said  lawful  order 


FORMS  IN  BANKRUPTCY.  431 

of  said  referee  aixl  in  neglecting  and  refusing,  as  in  said  order  directed,  to  pay 

over  to  his  said  trustee  the  sum  of  $ 

Third.  That  the  said  bankrupt, ,  residing  at 

Street,  City  of   ,  be  forthwith  arrested  by  the  Marshal  of 

this  District  and  brought  before  this  Court,  this  day,  or  as  soon  thereafter  as 
possible,  to  be  committed,  as  for  the  contempt  aforesaid,  and  to  be  imprisoned 

by  the  United  States  IMarshal  for  the District  of 

until  he  shall  obey  said  order  and  pay  over  to  said  trustee, , 

the  sum  of  $ as  therein  directed,  or  until  further  order  of  this  Court. 


U.  S.  D.  J. 


NOTES. 


Contempt  proceedings.     Act.  Sees.  2,  (13),  (15),  (16),  41,  a,  b. 
Cross  references,  sees.  20-a  21  (a),  38-a  (2). 
General  Orders  X.,  XXII.,  XXX. 

Bankrupts  disobedience  of  referee's  order. 

In  re  Sorkin  (D.  C.  N.  Y.),  20  Am.  B.  R.  637. 

Referee  may  certify  the  facts.     He  has  no  power  to  punish  for  contempt. 

Bank  of  Ravenswooci  v.  Johnson  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  206;  143  Fed.  463: 
74  C.  C.  A.  597. 

In  re  Miller,  5  Am.  B.  R.  184;  105  Fed.  57. 

Disobedience  of  witness.     Punished  for  persistent,  "defective  memory." 

In  re  Schulman,  21  Am.  B.  R.  288;  160  Fed.  237;  aff'd  (C.  C.  A.  2nd  Cir.),  23  Am.  B. 
R.  809;  177  Fed.  191. 

Wilful  false  swearing  by  bankrupt. 

In  re  Fellerman  (D.  C.   N.  Y.),   17  Am.  B.   R.   785;  149  Fed.   244;  Ex  parte  Bick 
<C.  C.  N.  Y.),  19  Am.  B.  R.  68;  155  Fed.  908. 

Failure  to  produce  document. 

In  re  Howard,  2  Am.  B.  R.  582;  95  Fed.  415. 

In  re  Fixen,  2  Am.  B.  R.  822;  96  Fed.  748. 

In  re  Wilson,  8  Am.  B.  R.  612;  116  Fed.  419. 

When  not  in  contempt. 

In  re  Johnson  &  Knox  Lumber  Co.  (C.  C.  A.  7th  Cir.),  18  Am.  B.  R.  50;  151  Fed.  207; 
80  C.  C.  A.  259. 

In  re  Watts  (U.  S.  Sup.),  10  Am.  B.  R.  113. 

Persistence  of  bankrupt  in  making  evasive  answers,  punishable. 

In  re  Singer,  23  Am.  B.  R.  28. 

In  re  Gilkin.  21  Am.  B.  R.  113;  164  Fed.  71. 

Bankrupt's  failure  to  file  .schedules. 

In  re  Schulman  &  Goldstein  (I).  C.  N.  Y.),  20  Am.  B.  R.  707;  164  Fed.  440. 

Failure  to  appear  for  examination  under  sec.  21-a. 

Skubinsky  v.  Brodek  (C.  C.  A.  3rd  Cir.),  22  Am.  B.   R.  689;  173  Fed.  340;  97  C.  C. 
A.  38. 

Practice, 

Contents  and  allegations  of  petition. 

In  re  Cole  (infra ) .     Notice  to  contemnor,  In  re  Magen  and  Magen,  24  Am.  B.  R.  63. 

U.  S.  V.  Goldstein.  12  Am.  B.  R.  7.55;  132  Fed.  789. 

Attachment  of  person  may  be  askiii. 

Issues  raised b}'  answering  iiffidavit;;  may  he  referred. 


433  FORMS  IN  BANKRUPTCY. 

In  re  McCormick  (infra). 

Referee  may  refuse  to  certify  rulings  on  evidence. 

In  re  Romine,  14  Am.  B.  R.  785;  138  Fed.  837. 

When  order  deemed  affirmed. 

In  re  Herschkowitz,  U  Am.  B.  R.  86;  136  Fed.  950. 

Disobedience  of  order  to  pay  money  to  trustee. 

Jurisdiction.  In  re  Cole  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  761 ;  163  Fed.  180;  90  C.  C. 
A.  50;  rev'g  Moody  v.  Cole,  17  Am.  B.  R.  818. 

Schweer  v.  Brown  (C.  C.  A.  8th  Cir.),  12  Am.  B.  R.  178;  130  Fed.  328;  64 C.  C.  A.  574. 

In  re  Shachter,  9  Am.  B.  R.  499;  119  Fed.  1010. 

Not  imprisonment  for  debt. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  163;  142  Fed.  68;  73  C.  C.  A.  254. 

In  re  Anderson,  4  Am.  B.  R.  640;  103  Fed.  854. 

Ripen  Knitting  Mills  v.  Schreiber,  4  Am.  B.  R.  299;  101  Fed.  810. 

In  re  Rosser  (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  153;  101  Fed.  562;  41  C.  C.  A.  497; 
rev'g  2  Am.  B.  R.  746. 

In  re  Schlesinger  (C.  C.  A.  2nd  Cir.),  4  Am.  B.  R.  361;  102  Fed.  117;  42  C.  C.  A.  207. 

Schweer  v.  Brown  (stipra). 

Power  to  punish  for  contempt  for  disobedience  of  an  order  to  turn  over  assets  to 
trustee  should  not  be  exercised  in  doubtful  cases. 

Samel  v.  Dodd  (supra). 

In  re  Dickens,  23  Am.  B.  R.  660;  175  Fed.  808. 

[See  cases  cited  under  "turn-over  order."     Form  no.  106.] 

Person  charged  with  contempt  for  failure  to  pay  over  should  not  be  punished  before 
he  is  given  an  opportunity  to  prove  inability  to  comply  with  order. 

In  re  Hausman,  10  Am.  B.  R.  64;  121  Fed.  984. 

In  re  Cole,  16  Am.  B.  R.  302;  144  Fed.  392. 

In  re  Davison,  16  Am.  B.  R.  337;  143  Fed.  673. 

In  re  Stavrahn  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  168;  174  Fed.  330. 

Jurisdiction  to  punish  petitioning  creditors  for  failure  to  pay  costs  and  expenses  of  a 
receivership  upheld. 

In  re  Lacov  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  290;  142  Fed.  960;  74  C.  C.  A.  130. 

Section  41  does  not  confer  upon  the  bankruptcy  court  any  broader  power  to  punish  for 
contempt  than  that  possessed  by  other  Federal  courts. 

Boyd  V.  Glucklich,  8  Am.  B.  R.  393;  116  Fed.  131. 

In  re  McBryde,  3  Am.  B.  R.  729;  99  Fed.  686. 

Disobedience. 
Must  be  a  lawful  order. 
In  re  Tudor,  2  Am.  B.  R.  808. 
In  re  McCormick,  3  Am.  B.  R.  340;  97  Fed.  566. 
In  re  Purvine,  2  Am.  B.  R.  787 ;  96  Fed.  192. 
In  re  Anderson,  4  Am.  B.  R.  640 ;  103  Fed.  854. 
In  re  Duell,  4  Am.  B.  R.  60;  100  Fed.  633. 
In  re  Levin,  6  Am.  B.  R.  743;  113  Fed.  498. 

In  re  Graessler  and  Reich wald  (C.  C.  A.  9th  Cir.),  18  Am.  B.  R.  694;  154  Fed.  478;  83 
CCA.  304. 

Verbal  notice  of  an  injunction  order  sufficient. 

In  re  Krinsky  Bros.  (D.  C.  N.  Y.),  7  Am.  B.  R.  535;  112  Fed.  658. 

Misbehavior. 

Refers  to  acts  or  omissions  before  referee  amounting  to  disrespect  or  contumacy. 

Motion  that  bankrupt  turn  over  to  trustee  money  or  property. 


FORMS  IN  BANKRUPTCY.  433 

Petition  need  not  allege  that  bankrupt  is  able  to  comply  with  the  order. 

In  re  Stavrahn  (fiiipra). 

Bankrupt's  denial  under  oath  of  the  possession  is  not  conclusive. 

Schweer  v.  Brown  (supra). 

In  re  Gerstel  (D.  C.  111.),  10  Am.  B.  R.  411 ;  123  Fed.  166. 

Punishment.     Fine,  imprisonment  or  both. 
Cannot  be  imprisoned  for  indefinite  term. 
In  re  Taylor,  7  Am.  B  R.  410;  114  Fed.  607. 

Refusal  to  testify  under  advice  of  counsel  palliates  but  does  not  excuse,  If  the  refusal 
is  a  contempt. 

U.  S.  V.  Goldstein,  13  Am.  B.  R.  756;  132  Fed.  789. 


434  FOKMS  IN  BANKRUPTCY. 


FORM  No.  286. 

ANSWER  OF  BANKRUPT  TO  RULE  TO  SHOW  CAUSE  FOR  CONTEMPT. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


3anJcrupt. 


No. 


Now  comes and  in  obedience  to  the  rule  [or  order  to 

show  cause]  issued  by  this  court,  says  that  an  attachment  for  contempt  ought 

not  to  issue  against  him  for  disobedience  of  the  order  of , 

referee,  for  the  following  reasons : 

1.  He  says  that  he  cannot  comply  with  the  order  of  this  court,  because  he 
has  not  the  property  ordered  turned  over  or  sum  of  money  ordered  by  said 
referee  to  be  paid  to  the  trustee  herein. 

2.  That  the  said  order  of  said  referee  is  not  a  lawful  order  within  the  con- 
templation of  the  Bankruptcy  Act,  or  such  an  order,  the  disobedience  of  which 
would  be  punishable  by  attachment  for  contempt. 

3.  Said  order  is  in  effect  a  judgment  directing  the  payment  of  money, 
and  is  not  enforceable  by  proceedings  in  contempt. 

4.  Section  29-d  of  the  Bankruptcy  Act  provides  that  such  offenses  as  those 
charged  by  the  referee  in  his  finding,  shall  be  punishable  only  in  the  manner 
prescribed  therein,  to  wit,  by  information  or  indictment. 

Wherefore  said prays  the  court  that  said  rule  [or  order  to 

show  cause]  may  be  dismissed,  and  that  he  may  be  discharged. 


Attorneij  for  hanJcrupt. 
(Verification.) 


FORMS  IN  BANKKUPTGY.  435 


FORM  No.  287. 

ORDER  PURGING  OF  CONTEMPT. 

At  a  Stated  Term  of  the  United  States 

District  Court  for  the   

District  of  ,  held  at 

the  United  States  Court  House,  City  of ... . 
,  on  the   day  of 

,  19... 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OP 


Bankrupt. 


An  order  having  been  made  herein  on  the  ....  day  of ,  19. ., 

directing  that ,  the  above  named  bankrupt  be  imprisoned  in 

the  county  jail  of  this  county,  for  a  period  of days  for  disobedience 

of  an  order  of  the  referee  herein,  made  on  the day  of ,  19 .  . , 

and  the  said  order  of  the  referee  having  now  been  complied  with  by  the  said 

,  bankrupt,  as  appears  by  the  certificate  of  said  referee,  it  is 

on  motion  of ,  attorney  for  said  bankrupt, 

Ordered,  that  the  said be,  and  he  hereby  is  purged  of  con- 
tempt for  his  disobedience  to  the  order  of  court. 

It  is  further  ordered,  that  said   ,  upon  payment  of  costs  taxed 

at  $ ,  be  now  released  and  discharged  from  said  imprisonment,  and 

the  marshal  is  hereby  ordered  to  deliver  a  copy  of  this  order  to  the  sheriff 

of   County,  in  the  City  of   who  is  hereby  directed 

upon  receipt  thereof,  to  release  the  said from  his  custody. 

D.  J. 


436  FORMS  IX  BANKRUPTCY. 


FORM  No.  288. 

ANSWER  OF  ASSIGNEE  FOR  BENEFIT  OF  CREDITORS  TO  RXn:.:C  TO 
TURN  OVER  PROPERTY  TO  RECEIVER. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


,  for  an  answer  to  the  order  herein  to  show  cause  why 

he  should  not  pay  over  to  ,  Esq.,  the  receiver  in  bank- 
ruptcy herein,    the  sum  of  $ as  shown  in  his  report  as  having  been 

paid  to ,  and  $ to ,  Esq.,  says  that 

said  sums  were  paid  them  respectively  while  he  was  acting  as  assignee  before 
any  proceedings  herein,  as  already  appears  in  his  report  herein.  He  says 
further  that  as  assignee  he  has  no  money  or  property  or  means  of  any  kind 
with  which  to  pay  said  money  or  any  part  thereof. 

He  respectfully  submits  to  the  court  that  he  ought  not  to  be  compelled  to 
pay  said  money  herein. 

This  respondent  says  further  that  long  before  the  petition  in  this  proceeding 
was  filed  and  before  he  had  any  knowledge,  information  or  intimation  that  it 
was  intended  to  be  filed,  and  relying  upon  it  that  he  would  be  permitted  to 
wind  up  his  trust  under  the  deed  of  assignment  for  the  bankrupt  shown  in  the 
record  in  this  proceeding,  he  filed  his  petition  and  brought  action  in  the  State 
court  as  appears  in  this  record,  which  is  still  pending,  and  he  is  still  subject 
to  the  jurisdiction  and  orders  of  said  State  court  requiring  him  to  settle  his 
accounts  there  and  to  be  responsible  there  for  all  his  acts  and  doings  under 
said  deed  of  assignment. 

He  submits  to  this  Honorable  C!ourt  that  this  answer  be  held  sufficient  and 
the  order  to  show  cause  herein  should  be  denied. 

•• > 

Assignee. 
(Verification.) 


FORMS  IN  BANKRUPTCY.  437 

NOTES. 

Jurisdiction  to  compel  Assignee  or  Receiver  in  State  Court  to  Account. 

Louisville  Trust  Co.  v.  Couiiiiger  ( U.  S.  Sup.),  7  Am.  B.  R.  421;  184  U.  S.  18; 
4G  L    Ed.  413;  aff'g  Sinsheimer  v.  Siraonson,  5  Am.  B.  R.  537;   107  Fed.  898. 

In  re  Thompson  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  710;  128  Fed.  575;  03  C.  C. 
A.  217;  aff'g  10  Am.  B.  R.  242;  122  Fed.  174;  Bryan  v.  Bernheimer,  5  Am.  B.  R.  023; 
181  U.  S.  188;  45  L.  Ed.  814. 

In  re  Manning  (D.  C.  S.  C),  10  Am.  B.  R.  497,  123  Fed.  181. 

Improper  for  bankruptcy  court  to  summarily  order  Receiver  in  State  Court  to 
pay  over  to  trustee.     He  is  entitled  to  present  his  accounts  to  State  Court. 

Loveless -v.  Southern  Grocer  Co.  (C.  C.  A.  5th  Cir.),  20  Am.  B.  R.  180;  159  Fed. 
415;  86  C.  C.  A.  395. 

When  assignee  appears  and  submits  his  account,  the  Court  does  not  lose  jurisdic- 
tion to  require  him  to  turn  over  the  property  to  the  trustee  because  he  asserts  title  to 
a  part  of  such  property  in  himself. 

In  re  Thompson    {supra). 

When  trustee  in  bankruptcy  may  maintain  action  upon  assignee's  bond  to  recover 
the  amount  which  the  assignee  failed  to  turn  over. 

Cohen  v.  American  Surety  Co.  (N.  Y.  Ct.  of  App.),  20  Am.  B.  R.  65;  192  N.  Y. 
227;  aff'g  19  Am.  B.  R.  901. 

Allowance  to  assignees  for  the  benefit  of  creditors. 

Where  an  assignee  remains  in  possession  of  the  property  with  consent  of  the 
referee  and  performs  services  of  value  to  the  estate,  his  expenses  and  compensation  for 
such  services  may  be  allowed  upon  the  theory  of,  "  preservation  of  the  estate," 

In  re  Pattee  (D.  C.  Ct.),  16  Am.  B.  R.  450;  143  Fed.  994. 

In  re  Pauley,  2  Am.  B.  R.  333. 

Must  appear  that  services  were  an  actual  benefit  to  estate. 

In  re  Zier  &  Co.,  15  Am.  B.  R.  646;  142  Fed.  102;  73  C.  C.  A.  326;  aff'g,  s  c,  11 
Am.  B.  R.  527;  127  Fed.  399;  In  re  Allison  Lumber  Co.,  14  Am.  B.  R.  78;  137  Fed. 
643. 

Summers  v.  Abbott  (C.  C.  A.  8th  Cir.),  10  Am.  B.  R.  254,  122  Fed.  36;  58  C.  C. 
A.   352. 

Attorneys  for  assignee. 

No  allowance  save  in  unusual  cases. 

In  re  Pauley  (supra). 

Randolph  v.  Scruggs,  10  Am.  B.  R.  1 ;  190  U.  S.  533;  47  L.  Ed.  1165;  where  claim 
was  allowed  as  beneficial  to  estate. 

As  to  fees  paid  attorneys   for  general  assignees  paid  prior  to  bankruptcy. 

Louisville  Trust  Co.  v.  Cominger  (U.  S.  Sup.),  7  Am.  B.  R.  421;  184  U.  S.  18; 
40  L.   p:d.   41.3. 

In  re  Klein  &  Co.   (D.  C.  N.  Y.),  8  Am.  B.  R.  .5,59;  116  Fed.  .523. 

Comp.  In  re  Mays   (D.  C.  W.  Va.),  7  Am.  B.  R.  764;   114  Fed.  600. 

See,  In  re  Thompson,  11  Am.  B.  R.  719;  128  Fed.  575;  03  C.  C.  A.  217,  aff'g  10 
Am.  B.  R.  242;   122  Fed.  174. 

Must  appear  that  the  assignment  was  not  made  to  avoid  bankruptcy. 

In  re  Zier  &  Co.    (supra). 

And  free  from  fraud. 

In  re  Chase  (C.  C.  A.  1st  Cir.),  10  Am.  B.  R.  077;   124  Fed.  753;  59  C.  C.  A.  629. 

Wilbur  V.  Watson   (D.  C.  R.  I.).  7  Am.  B.  R.  .54;   111  Fed.  493. 

Stearns  v.  Flick   (D.  C.  0.),  4  Am.  B.  R.  723:   103  Fed.  919. 

Services  of  an  assignee  beneficial  to  estate  entitled  to  priority  of  payment. 

Randolph  v.  Scruggs   (supra). 


438  FORMS  IN  BANKRUPTCY. 

In  re  Peter  Paul  Book  Co.,  5  Am.  B.  R.  105;  104  Fed.  786. 

See,  In  re  Lock  Stub  Check  Co.  (S.  D.  N.  Y.),  not  reported  but  cited,  5  Am.  B.  P. 
106. 

Same  rule  applies  to  Receiver  in  State  Court. 

JViauran  v.  Crown  Carpet  Lining  Co.,  6  Am.  B.  R.  734;  50  Atl.  331,  23  R.  I.  324. 

Services  of  assignee,  if  beneficial  to  estate,  constitute  a  lien  thereon. 

In  re  Gladding  (D.  C.  R.  I.),  9  Am.  B.  R.  171;   120  Fed.  709. 

Disbursements  of  an  assignee  under  an  assignment  made  more  than  four  months 
before  filing  of  petition,  cannot  be  reviewed  by  bankruptcy  court  except  by  assignee's 
consent. 

In  re  Carver  &  Co.  (D.  C.  N.  Car.),  7  Am.  B.  R.  539,  113  Fed.  128. 


FORM  No.  289. 

PETITION  TO  RE-OPEN  ESTATE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  he  is  a  creditor  herein. 

2.  That  on  the   ....    day  of   ,  19..,   was 

duly  adjudicated  a  voluntary   (or  involuntary)   bankrupt  in  this  court,  and 
filed  sworn  schedules  therein  of  his  debts  and  assets.     That  thereafter  at  the 

first  meeting  of  creditors  of  said  bankrupt,   of   , 

was  duly  elected  trustee  and  duly  qualified. 

3.  That  petitioner  on  the  ....  day  of ,  19.  .,  duly  filed  his 

claim  against  the  estate  of  said  bankrupt  and  the  same  was  duly  allowed. 

4.  That  thereafter  on  the day  of ,  19 .  .,  the  said 

bankrupt  was  discharged  of  his  debts,  and  on  the  ....  day  of , 

19.  .,  the  said  trustee  presented  his  final  account  to  the  court,  the  same  was 
passed  and  allowed,  the  trustee  discharged  of  his  trust,  and  the  case  closed. 

5.  Your  petitioner  alleges  that  in  the  schedules  filed  and  verified  herein  by 


FORMS  IN  BANKKUPTCY.  439 

the  bankrupt,  he  made  no  mention  of  the  following  property,  then  belonging 
to  him  and  properly  a  part  of  his  said  estate  in  bankruptcy : 


That  said  property   was  fraudulently   and   intentionally  omitted   from   said 
schedules  and  concealed  by  the  bankrupt  from  his  trustee.     That  the  said 

is  still  in  possession  and  control  of  said  property. 

6.  That  your  petitioner  has  now  for  the  first  time  discovered  the  facts  con- 
cerning this  property  and  the  fraudulent  concealment  thereof  from  the 
following  sources :    


7.  That  no  previous  application  has  been  made  for  the  order  asked  for 
herein. 

Wherefore,  your  petitioner  prays  for  an  order  under  Sec.  2  (8)  of  the  Bank- 
ruptcy Act,  reopaning  the  estate  of  the  said   ,  bankrupt, 

for  the  purpose  of  administering  upon  the  afore-mentioned  property  as  a 
part  of  the  estate  herein,  and  that  said  proceeding  be  re-referred  for  proper 
action  to  the  referee  herein  and  for  such  other  and  further  relief  as  to  the 
court  shall  seem  just  and  proper. 


Petitioner. 
(Verification.) 

NOTES. 

Reopening  estate.    Sec.  2.  (8) 

Court  may  reopen  an  estate  whenever  it  appears  it  was  closed  before  being  fully  ad- 
ministered. 

Allegations  of  petition. 

In  re  JSfewtou,  (C.  C.  A.  8th  Cir.),  6  Am.  B.  R.  52;  107  Fed.  429;  46  C.  C.  A.  399.  In 
re  Paine,  11  Am.  B.  R.  351 ;  127  Fed.  246.  In  re  Rybum,  16  Am.  B.  R.  514;  145'Fed.  662; 
Vary  v.  Jackson  (C.  C.  A.  5th  Cir.).  21  Am.  B.  R.  334;  164  Fed.  840;  90  C.  C.  A.  602. 

Petitioner  must  show  good  cause. 

In  re  Soper  &  Slada.  1  Am.  B.  R.  193 

Reopening  by  bankrupt  for  purpose  of  amending  schedules  denied. 

In  re  Spicer,  16  Am.   B.  R.  802;  145  Fed.  431. 

Reopening  after  discharge  permitted  in  some  cases. 

In  re  McKee,  21  Am.  B.  R.  300;  165  Fed.  269. 

Where  time  to  file  claims  has  expired,  a  reopened  proceeding  redounds  only  to  the 
benefit  of  those  who  have  proved  claims.    In  re  Shaffer,  4  Am.  B.  R.  728 ;  104  Fed.  982. 

Creditors  who  have  not  filed  claims  may  not  apply  to  reopen. 

In  re  Paine,  11  Am.  B.  R.  351;  127  Fed.  246. 

Laches  in  making  application. 

In  re  Paine   (supra). 

In  re  Reese,  8  Am.   B.  R.  411;    115  Fed.  993;    164  Fed.  840;   Vary  v.  Jackson 
(supra) . 

Filing  of  claims  when  year  has  expired. 


440  FORMS  IN  BANKRUPTCY. 

In  re  Pierson  (D.  C.  N.  Y.).  174  Fed.  160. 

Application  to  reopen  addressed  to  the  discretion  of  the  court  and  its  action  ■will  not  be 
reversed  except  for  abuse  of  discretion. 

In  re  Goldman  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  707;  129  Fed.  212;  63  C.  C.  A.  370. 

Allegations  of  petition  to  reopen  must  satisfy  the  court  that  assets  exist. 

In  re  Newton  (supra). 

In  re  Paine  (supra). 

In  re  Ryburn,  16  Am.  B.  R.  514;  145  Fed.  662. 

Former  trustee  has  no  standing  to  apply. 

In  re  Paine  (supra). 

When  bankrupt's  application  denied. 

In  re  Spicer,  16  Am.  B.  R.  802;  145  Fed.  431. 

In  re  Barton's  Est.  16  Am.  B.  R.  569  ;  144  Fed.  540. 

When  granted. 

In  re  Pierson,  23  Am.  B.  R.  58. 


FORMS  IN  BANKKUPTGY. 


441 


FORM  No.  290. 

ORDER  DESIGNATING  DEPOSITORY  OF  BANKRUPTCY  FUNDS. 

At  a  Stated  Term  of  the  Uuited  States 

District  Court  for  the   

District  of  ,  held  at 

the  United  States  Court  House,  City  of .  .  .  . 

,  on  the   day 

of ,19... 


In  the  Matter  of  the  Application  of 

Bank, 

of  the  City  of ,  to  be 

designated  as  a  Depository  for  the 
Money  of  Bankrupt  Estates  under 
the  provisions  of  section  61  of  chap- 
ter 541  of  the  Statutes  of  the 
United  States  for  the  Year  of  1897- 


98. 


Present : 

Hon , 

District  Judge. 

Upon  reading  and  filing  the  annexed  petition  of   Bank,  of  the 

City  of   ,  duly  verified,  praying  to  be  designated  as  a 

depository  for  the  money  of  bankrupt  estates,  it  is 

Ordered,  that  the  said Bank  be  and  it  is  hereby  appointed 

and  designated  as  a  depository  for  the  money  of  bankrupt  estates  pursuant  to 
the  provisions  of  Section  Gl  of  Chapter  541  of  the  Stafutes  of  the  United 
States   entitled,   "  An   Act   to   establish    an   uniform   system    of   bankruptcy 

throughout  the  United  States."    The  said Bank  to  execute  a 

good  and  sufficient  bond  with  two  or  more  sureties,  or  otherwise,  according 
to  law,  in  the  sum  of  $ 


D.  J. 


443  FORMS  IN  BANKRUPTCY. 


FORM  No.  291. 

BOND  OF  DEPOSITORY. 

Know  all  men  by  these  presents,  That  We,  the Bank,  of 

the  City  of  ,  principal  and   ,   

of ,  sureties,  are  held  and  firmly  bound  unto 

the  United  States  of  America,  in  the  sum  of  dollars,  ($ )  lawful 

money  of  the  United  States,  for  the  payment  of  which  sum  we  do  hereby  bind 
ourselves,  our  respective  successors  and  assigns,  jointly  and  severally,  firmly 
by  these  presents. 

Sealed  with  our  seals  and  dated  the  ....  day  of ,  19.  .. 

Whereas,  the Bank  has  been  designated  by  the  District 

Court  of  the  United  States,  for  the District  of ,  sitting 

as  a  Court  of  Bankruptcy,  as  a  depository  for  the  money  of  bankrupt  estates, 
pursuant  to  the  provision  of  an  Act  of  Congress  entitled  "  An  Act  to  es- 
tablish an  uniform  system  of  bankruptcy  throughout  the  United  States," 
approved  July  1st,  1898. 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the  said 

Bank  shall  well  and  truly  account  for  and  pay  over  all 

moneys  deposited  with  it  as  such  depository,  and  shall  pay  out  the  same  only  as 
provided  by  the  Act  of  Congress  in  such  case  made  and  provided  and  the  rules 
of  court  applicable  thereto,  and  shall  abide  by  all  lawful  orders  and  decrees 
of  the  court  in  and  by  the  premises,  then  this  obligation  to  be  void,  otherwise 
to  remain  in  full  force  and  virtue. 

In  presence  of: 


Attest ; 


Attest : 
(Acknowledgment  by  principal  and  sureties.) 


TITLE    XIII. 

COMPLAINTS     IN     SUITS     BY    TRUSTEE    IN    BANK- 
RUPTCY,  BILLS  IN  EQUITY,  ETC. 


FOBir  No.  292.  Complaint  upon  Promissory  Note. 

293.  Complaint  against  defaulting  Purchaser  for  Deficiency  upon  Resale. 

294.  Bill    in    Equity    to    set    aside   Mortgage   under    Sec.    60a,   b,    and    Sec. 

07e  within   Four  Months'   Period,   where   Property   has  been   Sold 
free  and  clear  of  Liens. 

295.  Complaint  to  set  aside  under  Sec.  70e,  Bill  of  Sale  made  beyond  Four 

Months'  Period. 

296.  Complaint  in  action  to  declare  Secret  Trust. 

297.  Bill  in  Equity,  "  Conspiracy  to  Defraud  Creditors." 

298.  Order    of    Bankruptcy    Court,    directing    Assessment    for    unpaid 

Stock  Subscriptions. 

299.  Bill  in  Equity  in  Circuit  Court  to  recover  unpaid  Stock  Subscrip- 

tions.    (Diverse  Citizenship.) 

300.  Replication  by  Trustee  in  Equity  Suit. 

FORM  No.  292. 

COMPLAINT  UPON  PROMISSORY  NOTE 

Court, 


County  of 


as  Trustee 

in  Bankruptcy  of 

Plaintiffs 

against 

Defendant. 


The  plaintiff,  by  ,  his  attorney,  complaining  of  the 

defendant,  respectfully  shows  and  alleges: 

1.  That  the  plaintiff  is  a  resident  of  the  City  of 

2.  That  on  or  about  the   ....   day  of   ,  19 .  .,  a  voluntary 

petition  in  bankruptcy  was  filed  in  the  United  States  District  Court  for  the 

District  of    ,  by    ,  and  on  said 

day  the  said  was  duly  adjudicated  a  bankrupt,  and  that  on 

44.3 


444  FORMS  IN  BANKRUPTCY. 

or  about  the  . .  day  of  ,  19 . .,  at  a  meeting  of  creditors 

duly  called  and  held  plaintiff  was  duly  appointed  trustee  in  bankruptcy  of  the 

said   ,  duly  qualified  and  filed  his  bond  in  the  penalty 

required,  and  is  still  acting  as  such  trustee. 

3.  Upon  information  and  belief  that  heretofore  on  the  ....  day  of 

,  19. .,  at  the  City  of ,  the  defendant  made  and 

delivered  to  the  said  ,  his  certain  promissory  note  in 

writing,  of  which  the  following  is  a  copy:  [Here  set  forth  note.] 

4.  That  on  the  ....  day  of ,  19. .,  the  date  of  adjudication 

herein,  said  promissory  note  was  the  property  of  said  bankrupt  and  that  all  of 

the  rights  of  the  said in  and  to  said  note  are  now  vested 

in  plaintiff,  and  that  plaintiff  is  the  owner  and  holder  of  said  note. 

5.  That  said  note  was  duly  presented  at  maturity  thereof  to  the  defendant 
and  payment  duly  demanded,  but  that  same  was  not  paid  nor  any  part  thereof. 

Wherefore,  plaintiff  demands  judgment  against  the  defendant  for  the  sum 

of  $   ,  with  interest  thereon  from   , 

together  with  the  costs  and  disbursements  of  this  action. 


Plaintiff's  Attorney, 
Office  and  Post  Office  Address, 

Street, 

City  of 

(Verification.y 

NOTES. 

Suits  by  trustee. 

Jurisdiction. 

District  court  has  no  jurisdiction  except  by  consent  of  proposed  defendant  of  a  suit  to 
recover  money  due  estate  of  "bankrupt. 

Harris,  Trustee,  etc.,  v.  1st  Nat.  Bank,  etc.  (U.  S.  Sup.),  23  Am.  B.  R.  632. 

Adverse  claimants  in  bankruptcy  may  sue  and  be  sued  in  the  Circuit  Court  of  the 
United  States  -whern  bankrupt  might  have  sued  or  been  sued  there  on  same  cause  of  action. 

In  re  MacDougall  (D.  C.  N.  Y.),  175  Fed.  400. 

Trustee  no  right  to  sue  upon  agreement  between  State  receiver  of  bankrupt  corpora- 
tion and  one  of  its  creditors. 

Love  V.  Export  Storage  Co.  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  172  ;  143  Fed.  1  ;  74 
C.  C.  A.  155. 

May  bring  plenary  action  to  recover  property  unlawfully  surrendered  by  temporary 
receiver. 

Whitney,  Trustee  v.  Wenman  (U.  S.  Sup.),  14  Am.  B.  R.  45  ;  198  U.  S.  539  ;  49 
L.Ed.  1157. 

May  sue  in  conversion. 

Burns  v.  O'Gorman  Co.,  17  Am.  B.  R.  815;  150  Fed.  226. 

Action  to  compel  specific  performance. 

Henrie  v.  Henderson  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  617;  145  Fed.  316;  76  C.  C.  A. 
196;  rev'g  s.  c.  15  Am.  B.  R.  760. 

Error  in  caption  of  summons  and  complaint  in  failing  to  show  representative  capa- 
city not  fatal. 

Newland  v.  Zodikow,  11  Am.  B.  R,  770. 


FORMS  IN  BANKRUPTCY. 


445 


Action  to  reach  surplus  income  of  trust  fund. 

Brown  v.  Barker,  et  al  (N.  Y.  App.  Div.),  8  Am.  B.  R.  450;  68  App.  Div.  594. 

Money  paid  to  trustee  under  mistake  is  an  action  equitable  in  nature.  Sufficiency  of 
allegations. 

Carpenter  v.  Southworth  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  390;  165  Fed.  428;  91 
C.  C.  A.  378. 


FORM  No.  293. 

COMPLAINT   AGAINST   DEFAULTING   PURCHASER    FOR   DEFICIENCY 

UPON  RESALE. 


Court, 


County  of 


in  Bankruptcy  of 

against 


.,as  Trustee 
Plaintiff, 


Defendant. 


Tlie  plaintiff  above  named,  by   ,  his  attorney,  com- 
plaining of  the  defendant,  shows  and  alleges: 

1.  That  on  or  about  the  ....  day  of  ,  19.  .,  a  petition  of 

certain  creditors  of  the  said  was  filed  in  the  United 

States  District  Court  for   District  of   ,  praying 

that  he  be  adjudged  a  bankrupt ;  that  thereafter  on  or  about  the  ....  day  of 

,  19 .  . , was  duly  adjudicated  a 

bankrupt,  and  thereafter  at  a  meeting  of  creditors,  held  at  the  office  of  the 

referee  in  charge  of  the  proceedings,  on  the  .  .  day  of ,  19.  ., 

the  plaintiff  was  duly  appointed  the  trustee  in  bankruptcy  of  the  said  bank- 
rupt, duly  qualified  as  such  and  still  continues  to  act  as  such  trustee. 

2.  That  on  or  about  the  ....  day  of ,  19 .  . ,  at , 

the  plaint i If,  puisuant  to  the  order  of  the  bankruptcy  court,  sold  to  the  de- 
fendant, and  the  defendant  purchased  of  the  plaintiff,  at  public  auction,  certain 
property  consisting  of   


for  the  sum  of dollars  ($ )  under  his  said  agreement. 

3.     That  the  plaintiff  was  ready  and  willing  to  deliver  the  said  goods  and 
property  to  the  defendant  within  the  said  time,  and  at  all  times  until  the  .... 


446  FORMS  IN  BANKRUPTCY. 

day  of ,  19 .  . ,  thereafter ;  and  caused  the  same  to  be  retained  at 

the  place  of  said  auction  for  the  purpose  of  delivery  to  the  said  defendant 

upon  his  paying  therefor  the  said  balance  of dollars  ($  ....)> 

of  all  of  which  the  defendant  had  notice,  and  the  plaintiff  has  otherwise  duly 
performed  all  the  conditions  of  said  sale  on  his  part  to  be  performed. 

4.  That  defendant  did  not  pay  for,  nor  remove  said  goods  on  or  before  the 

said  ....  day  of   ,  19.  .  ;  that  thereafter  and  on  or  about  the 

....  day  of ,  19 .  .,  plaintiff  served  notice  on  the  defendant 

that  he  would  make  an  application  on ,  19.  .,  to , 

Esq.,  the  referee  in  bankruptcy  in  charge  of  the  said  proceedings,  for  an  order 
for  a  re-sale  of  the  said  property  for  the  account  of  the  said  defendant,  and 
that  said  defendant  be  charged  with  any  deficit  that  might  result  from  said 
re-sale  and  any  expenses  that  might  be  incurred  in  maintaining  and  protecting 

the  said  property  from ,  19.  .,  to  the  date  of  such  re-sale, 

and  for  the  expenses  of  such  a  re-sale ;  that  thereafter,  and  by  an  order  of  the 

said  referee,  dated ,  19 .  .,  it  was  ordered  that  the  said  property 

be  sold  for  the  account  of  the  said  defendant  and  that  due  notice  of  said  re- 
sale be  given  to  the  creditors  of  the  said  bankrupt  and  to  the  said  defendant, 
and  that  the  said  defendant  be  charged  with  any  deficit  which  might  result  to 
the  plaintiff  on  such  re-sale  and  any  expenses  incurred  in  maintaining  and 

protecting  the  said  property  from ,  19.  .,  to  the  date  of  such 

re-sale  and  for  such  re-sale ;  that  thereafter  and  on  or  about  the  ....  day  of 

,  19.  .,  the  defendant  had  due  notice  of  the  making  of  said 

order;  that  thereafter  and  in  pursuance  to  said  order,  to  wit,  on  or  about  the 

....  day  of 19 .  . ,  at ,  the  plaintiff  re-sold  the  said 

property  by  public  auction  for  account  of  the  defendant  for 

dollars,  ($ ). 

5.  That  no  part  of  the  deficiency  of dollars,  ($ ),  thus 

arising  has  been  paid. 

6.  That  plaintiff  incurred  and  paid  necessary  expenses  for  maintaining  and 
protecting  the  said  property  for  the  period  hereinbefore  stated,  amounting  to 
dollars  ($  .  .  .  .)  and  plaintiff  incurred  and  paid  necessary  ex- 
penses of  such  re-sale,  amounting  to  $ 

7.  That  by  reason  of  the  premises  plaintiff  has  been  damaged  in  the  sum 
of  dollars. 

Wherefore,  plaintiff  demands  judgment  against  the  defendant  in  the  sum 

of dollars,  with  interest  thereon  from ,  19 . .,  together 

with  the  costs  and  disbursements  of  this  action. 


Attorney  for  Plaintiff. 
Office  and  Post  Office  Address. 

Street, 

City  of 

(Verification.) 


FORMS  IN  BANKRUPTCY.  447, 


FORM  No.  294. 

BILL  IN  EQUITY  TO  SET  ASIDE  MORTGAGE  UNDER  SEC.  60-a,  b,  AND 
SEC.  67-e  AVITHIN  FOUR  MONTHS'  PERIOD  AND  AVHERE  PROPERTY 
HAS  BEEN  SOLD  FREE  AND  CLEAR  OF  LIENS. 


In  the  District  Court  of  the  United  States, 
for  the District  of 


as  Trustee 

in    Bankruptcy   of  the    Estate   of 

Bankrupt, 

Plaintiffs       J>    In  Equity, 
against 

and 

Defeiulants. 

To  the  Honorable,  the  Judge  of  the  District  Court  of  the  United  States 

for  the District  of 

And  now  comes ,  as  trustee  of  the  estate  in  bankruptcy 

of ,  a  citizen  of  the  State  of ,  and  residing 

in  the  City  of ,  and  for  his  cause  of  complaint  against  the  above 

named  defendants,  does  respectfully  show  to  this  Honorable  Court  and  allege : 

First :     That  at  all  the  times  hereinafter  mentioned,  the , 

was  a  corporation  organized  under  and  existing  by  virtue  of  the  laws  of  the 

State  of   ,  and  having  its  principal  place  of  business  in  the 

City  of ,  District  aforesaid. 

Second :  That  the  above  named  defendants  at  all  the  times  hereinafter 
mentioned  were,  and  now  are,  corporations  organized  under  the  laws  of  the 

State  of ,  and  engaged  in  the  business  of  banking,  severally 

having  their  principal  places  of  business  in  the  City  of and 

at ,  State  of 

Third :     Your  orator  further  shows  that  heretofore  and  on  or  about  the 

day  of ,  19.  ., was  duly  adjudicated 

a  bankrupt  in  accordance  with  the  Acts  of  Congress  relating  to  bankruptcy  in 

the  District  Court  of  the  United  States  for  the   District  of 

,  on  a  petition  praying  that  it  be  so  adjudicated,  filed  in 

said  Court  on  the day  of 19 .  .  ;  and  that  thereafter 

the  said  plaintiff  at  a  first  meeting  of  creditors  of  the  said ,  duly 

called  and  held  on  the day  of ,  19.  .,  at  the  office  of 

Esq.,  referee  in  bankruptcy,  to  whom  the  matter  in 

said  bankruptcy  had  been  referred,  was  duly  appointed  trustee  of  the  estate  in 


448  FORMS  IN  BANKRUPTCY. 

bankruptcy  of ,  and  thereafter  and  on  or  about  the 

^ay  of 19 . . ,  duly  qualified  as  such  trustee  by  accepting  said 

trust  and  filing  a  bond  in  the  sum  of ($ ) 

dollars,  as  required  by  the  order  of  his  appointment,  which  said  bond  was 
duly  approved  by  the  referee  in  bankruptcy  and  that  the  said  plaintiff  has  since 
acted  as  and  now  is  such  trustee. 

Fourth :  That  your  orator  did  heretofore  acquire  title  to  the  property 
hereinafter  more  particularly  described  by  virtue  of  his  appointment  and 
qualification  as  such  trustee  and  the  filing  of  a  certified  copy  of  the  order  of 
his  appointment  and  the  certificate  of  approval  of  his  bond  in  the  office  of  the 

clerk  of  the  County  of ,  State  of ,  on  the 

day  of   ,  19.  .,  in  which  said  County  the  said 

property  is  located  and  which  is  as  follows,  to  wit : 
(Here  describe  property  fully.) 

Fifth:  And  your  orator  further  shows  that  by  virtue  of  the  provisions  of 
the  said  Acts  of  Congress  relating  to  bankruptcy,  your  orator  herein  as  trustee 

of  the  estate  in  bankruptcy  of  the  said ,  became  vested 

with  all  of  the  property  of  the  said ,  of  whatever  kind, 

character,  nature  and  description  whatsoever  as  of  the  date  that  the  said 

was  adjudged  a  bankrupt,  and  also  to  all  rights  of 

action  which  the  said  creditors  of  the  said had  at  the  time 

of  the  said  adjudication,  to  avoid  all  transfers  by  it  made  and  to  recover 
property  so  transferred,  or  its  value,  and  to  recover  property  transferred  by  it 
in  fraud  of  its  creditors  and  to  recover  all  property  or  its  value  transferred  by 

the  said within  four  months  prior  to  the  date  of  the 

filing  of  the  petition  against  it,  or  after  the  filing  of  the  petition  and  before 
adjudication,  if  the  effect  of  such  transfer  was  to  enable  such  transferee  to 
obtain  a  greater  percentage  of  his  debt  than  any  other  creditor,  and  that  the 
person  or  persons  so  receiving  it,  or  to  be  benefited  thereby,  or  his  or  their 
agent  or  agents  acting  therein  shall  have  had  reasonable  cause  to  believe  that 
the  said  transfer  was  intended  to  give  a  preference  under  said  bankrupt  act. 

Sixth :     Upon  information  and  belief,  that  on  or  about  the day  of 

,  19.  .,  the  said    ,  was  indebted  to  the 

defendant  the Bank  herein  in  the  sum  of 

($ )  dollars,  the  Bank  of ,  about 

($ )    dollars,  upon  promissory  notes  made  or  endorsed  by  the 

,  and  which  had  been  discounted  by  the  said  defendants  at 

the  special  instance  and  request  of  the  said 

Seventh:     Your  orator  further  shows,  upon  information  and  belief,  that  on 

said day  of  ,  19.  .,  and  for  a  long  time  prior  thereto, 

the  said was  insolvent  and  that  while  so  insolvent,  the 

said made,  executed  and  delivered  to  the  said  defendant, 

the Bank,  a  mortgage  in  consideration  of  the  alleged  sum 

of ($ )  dollars,  covering  all  of  the  prop- 
erty hereinbefore  more  particularly  mentioned  and  described,  a  copy  of  which 


FORMS  IN  BANKRUPTCY.  449 

said  mortgage  is  hereto  annexed,  marked  "  Exhibit  A "  and  made  a  part 

hereof,  and  which  was  thereafter  and  on  the day  of , 

19,  .,  duly  recorded  in  Liber   of  mortgages,  page   . . .  .,  in  the 

office  of  the  clerk  of  the  county  of ,  State  of 

Eighth  :     Upon  information  and  belief  that  the  defendant,  the 

Bank,  claimed  to  have  taken  and  received  the  said  mortgage  hereinbefore 
mentioned  and  described  not  only  in  its  own  interest  but  as  trustee  of  and  for 

the  said  defendant,  the  Bank  of ,  and  that  the  said  defendant, 

the  Bank  of   has  or  claims  to  have,  some  interest  in  said 

mortgage. 

Ninth :  Upon  information  and  belief,  your  orator  does  further  show  and 
allege  that  in  truth  and  in  fact  no  consideration  whatsoever  was  paid  by  the 

said  defendants  to  the  said   ,  for  and  in  consideration  of  the 

•execution  of  the  said  mortgage  as  aforesaid,  but  that  the  said , 

made,  executed  and  delivered  the  said  mortgage  to  the  said  defendants,  as 
aforesaid,  as  alleged  security  for  said  prior  antecedent  and  pre-existing  indebt- 
edness. 

Tenth :     Upon  information  and  belief,  that  on  said    day  of 

,  19,  .,  the  said was  insolvent  and  that  the 

said  defendants  knew,  or  had  reasonable  cause  to  know  and  believe  that  the 

said was  so  insolvent  and  that  the  said  defendants  or 

their  agent  or  agents  acting  for  them  knew  and  had  reasonable  cause  to  know 
and  believe  that  the  making,  execution  and  delivery  of  the  said  mortgage  as 

aforesaid  was  made  to  them  by  the  said ,  in  order  to  enable 

them  to  receive  a  greater  percentage  of  their  debts  than  any  other  creditors 
of ,  of  the  same  class. 

Eleventh :  And  your  orator  does  further  show  that  heretofore  and  prior  to 
the  commencement  of  this  action,  your  orator  did  duly  file  with  the  referee  in 

said  bankruptcy  proceedings,  a  petition  duly  verified  by  him  on  the   

day  of ,  19,  .,  for  the  entry  of  an  order  directing  that  your 

orator  be  authorized  and  permitted  to  sell  and  dispose  of  all  the  property, 
hereinbefore  more  particularly  mentioned  and  described,  at  public  auction  and 
in  the  manner  prescribed  by  the  Acts  of  Congress  relating  to  bankruptcy  and 
the  general  orders  of  the  Supreme  Court  of  the  United  States,  free  of  and  from 

the  lien  of  the  said  mortgage,  and  that  thereafter  and  on  the day  of 

,  19. ,,  an  order  was  duly  made  and  entered  in  said  bank- 
ruptcy proceedings  by  said  referee,  wherein  and  whereby  among  other  things 
your  orator  was  authorized,  directed  and  permitted  to  sell  and  dispose  of  said 
property  at  public  auction  free  of  and  from  the  lien  of  the  said  mortgage. 

Twelfth :  And  your  orator  floes  further  show  that  thereafter  and  in  pur- 
suance of  the  provisions  of  the  said  order  and  by  virtue  of  the  power  and 
authority  in  him  vested  by  the  Acts  of  Congress  relating  to  bankruptcy  he  did 
sell  at  public  auction  all  of  said  property  hereinbefore  more  particularly  men- 

iioned  and  described  on  the day  of ,  19.  .,  at 

....  o*clock  .  .  M.  of  that  day,  for  the  sum  of dollars,  and 


450  FORMS  IN  BANKRUPTCY. 

that  your  orator  under  and  by  virtue  of  the  terms  of  the  order  so  directing  said 
property  to  be  sold  free  of  and  from  the  lien  of  the  said  mortgage,  holds  and 

continues  to  hold  the  said  sum  of dollars,  subject  to  the 

final  decree  of  this  court  in  this  action. 

Thirteenth :  And  your  orator  does  further  show  and  allege,  upon  informa- 
tion and  belief,  that  the  said  defendants  did  not  pay  to  the  said ^ 

and  the  said  did  not  receive  from  the  said  defendants,. 

any  consideration  whatsoever  for  the  making,  execution  and  delivery  of  the 
said  mortgage  hereto  annexed,  marked  "  Exhibit  A  "  and  made  a  part  hereof,, 
and  that  the  said  mortgage  is  fraudulent  and  void  as  against  the  creditors  of 
the  said  ,  and  your  orator,  and  was  made,  executed  and  de- 
livered by ,  and  received  by  the  said  defendants  in  consum- 
mation of  a  fraudulent  scheme  between  the  said  defendants  and  the  said 

,  to  hinder,  delay  and  defraud  the  creditors  of  the  said 

and  your  orator. 

Fourteenth:  And  your  orator  does  further  show  that  the  assets  of  this 
estate  are  insufficient  to  pay  creditors  in  full. 

In  tender  consideration  whereof,  and  for  as  much  as  your  orator  is  remedi- 
less in  the  premises  by  the  strict  rules  of  the  Common  Law  and  cannot  have 
adequate  relief  save  in  a  Court  of  Equity  where  matters  of  this  and  a  similar 
nature  are  properly  cognizable  and  relievable. 

Your  orator  prays. 

1st. 

That  the  said  mortgage  made,  executed  and  delivered  by  the  said , 

to  the  said  defendants,  dated  the day  of ,  19. .,  and  re- 
corded in  the  office  of  the  register  of  the  County  of  ,  State  of 

,  on  the day  of ,  19 ,  . ,  in  Liber 

of  Mortgages,  page    ,  be  annulled,  vacated,  set  aside  and 

declared  void, 

2nd. 

And  that  the  proceeds  realized  upon  the  sale  of  the  said  property  as  af  oresaid, 

to  wit,  the  said  sum  of dollars,  be  declared  the  property  of  the 

estate  of  the  said ,  and  subject  to  the  order  of  the  District 

Court  of  the  United  States  sitting  in  bankruptcy,  free  of  and  from  the  lien 
of  the  said  mortgage,  or  any  right,  title  and  interest  therein  by  the  said 
defendants. 

3rd. 

And  that  your  orator  may  have  such  further  and  other  relief  and  decree  in 
the  premises  as  to  the  Court  may  seem  proper  and  required  by  the  principlei 
of  equity  and  good  conscience. 


FORMS  IN  BANKRUPTCY.  4:i 

May  it  please  your  Honor  to  grant  unto  your  orator  a  writ  of  subpoena  of 

the  United  States  of  America,  directed  to  the  said  defendants  the 

Bank,  and  Bank  of ,  and  to  such  others  as  shall  in  the  discre- 
tion of  your  Plonor  appear  necessary  to  the  hearing  and  determination  of  this 
case,  commanding  them  on  a  day  certain  to  appear  and  answer  unto  this  Bill 
of  Complaint  and  to  abide  and  perform  such  order  and  decree  in  tlie  premises 
as  to  the  Court  shall  seem  proper  and  required  by  the  principles  of  equity  and 
good  conscience. 


Solicitors  for  complainant, 

Oftice  &  P.  0.  Address, 


City  of 

(Verification.) 
(Annex  Exhibit.) 

NOTES. 

See  AmendtnentB  1910.     Sec.  60-b  as  Amended. 

Actions  to  recover  preference  or  transfer  within  four  months  period.  Sec.  60-a  b ; 
67-e,  23-b. 

See,  Collier  on  Bankruptcy  (7th  Ed.),  pps.  644-678,  760-774. 
See,  "  Moore"  Fraudulent  Conveyances,  Chap.  XXIII. 

Actions  may  be  brought  in  Federal  or  State  Courts. 

Pond  V.  N.  Y.  Exchange  Bank  (D.  C.  N.  Y.).  10  Am.  B.  K.  343;  124  Fed.  992. 

Wall  et  al  v.  Cox,  5  Am.  B.  R.  727;  181  U.  S.  244. 

Parker  v.  Black,  16  Am.  B.  II.  202;  143  Fed.  560;  aff  d  18  Am.  B.  R.  1.5;  151  Fed.  18; 
80  C.  C.  A.  484. 

Off  V.  Hakes  (C.  C.  A.  7th  Cir.),  15  Am.  B.  R.  696;  142  Fed.  364;  73  C.  C.  A.  464. 

Court  of  Common  Pleas  (Pa.)  has  jurisdiction. 

Breckons  v.  Snyder,  15  Am.  B.  R.  112;  211  Pa   St.  176. 

Municipal  Court  of  New  York  when  complaint  demands  a  money  judgment. 

Cohn  V.  Small  (N.  Y.  Sup.  Ct.),  18  Am.  B.  R.  817;  120  App.  Div.  211;  105  N.  Y. 
Supp.  287. 

Bowman  v.  Alpha  Farms,  18  Am,  B.  R.  700 ;  153  Fed.  380. 

Exempt  property  not  so  recoverable. 

Vitzhum  V.  Large,  20  Am.  B.  R.  666;  162  Fed.  685, 

Trustee  only  may  sue  under  this  section. 

Parker  v.  Black  (supra). 

But  if  trustee  refuses,  then  a  creditor  may  be  permitted  to  do  so  for  the  benefit 
of  all. 

Simple  contract  creditor  may  not  maintain  the  suit  in  aid  of  the  bankruptcy 
proceeding. 

Viquiesney  v.  Allen  (C.  C.  A.  4th  Cir.),  12  Am.  B.  R.  402;  131  Fed.  21;  65  C.  C.  A. 
259. 

The  right  of  a  trustee  to  bring  an  action  to  set  aside  an  alleged  preferential  transfer 
not  assignable. 

Belding-Hall  M'fg.  Co.  v.  Mercer  «fc  Ferdon  Lumber  Co.  (C.  C.  A.  6th  Cir.),  23  Am. 
B.  R.  595 ;  175  Fed.  385. 


452  FORMS  IN  BANKRUPTCY. 

Contra.  Bryan  v.  Madden  (N.  Y.  Sup.  Ct.).  15  Am.  B.  R.  388;  109  App.  Div.  876; 
96  N.  Y.  Supp.  465. 

See  Collier  (7th  Ed.),  page  672  et  seq. 

Burden  of  Proof. 

Upon  trustee. 

Deland  v.  Miller  and  Cheney  Bank,  11  Am.  B.  R.  744;  119  Iowa  368. 

Getts  v.  Janesville  Grocery  Co.  (D.  C.  Wis.),  21  Am.  B.  R.  5;  163  Fed.  417. 

Wright  V.  Sampter  (D.  C.  N.  Y.),  18  Am.  B.  R.  355,  358;  153  Fed.  196. 

Calhoun  Co.  Bank  v.  Cain  (C.  C.  A.  4th  Cir.),  18  Am.  B.  R.  509;  153  Fed.  983;  82  C. 
C.  A.  114. 

Keith,  Trustee  v.  Gettysburg  Nat.  Bank,  10  Am.  B.  R.  763 ;  33  Pa.  Super  Ct.  14. 

Burden  of  proof. 

Allen,  as  Trustee  etc.  v.  Gray  (N.  Y.  Sup.),  21  Am.  B.  R.  838. 

The  bankrupt's  petition  for  discharge,  schedules  and  testimony  at  first  meeting  of 
creditors  are  inadmissible  against  the  defendant  to  prove  the  insolvency  of  the  bankrupt  at 
the  time  of  the  transfer. 

Taylor,  Trustee  etc.  v.  Nichols  (N.  Y.  Sup.  Ct.),  33  Am.  B.  R.  310. 

Practice. 

Bill  must  allege  four  statutory  elements  for  recovery  under  Sec.  60-a.  b. 

(1)  Insolvency  at  time  of  payment. 

(2)  That  the  payments  were  made  within  four  months  before  filing  of  the  petition. 

(3)  That  the  effect  of  the  payments  was  to  give  the  defendant  a  greater  percentage  of 
his  debt  than  other  creditors  of  the  same  class. 

(4)  That  the  defendant  had  reasonable  cause  to  believe  that  a  perference  was  intended 
by  such  payment. 

Wright  v.  Wm.  Skinner  Mf'g  Co.  (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  527;  162  Fed.  315; 
89  C.  C.  A.  23. 

Benedict  v.  Deshel  (N.  Y.  Ct.  of  App.),  11  Am.  B.  R.  20;  177  N.  Y.  1. 
Harder  v.  Clark  (City  Ct.  N.  Y.),  23  Am.  B.  R.  756. 

See,  contra.  Rutland  Co.  Nat.  Bank  v.  Graves  (D.  C.  Ver.),  19  Am.  B.  R.  446;  156 
Fed.  168. 

See,  In  re  Leech  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  599;  171  Fed.  622  making  intent  a 
necessary  element;  also  to  same  effect,  In  re  1st  Nat.  Bank  of  Louisville,  Ky.  (C.  C.  A. 
6th  Cir.),  18  Am.  B.  R.  766;  155  Fed.  100;  84  C.  C.  A.  16. 

Essential  that  bankrupt  should  have  transferred  some  portion  of  his  own  property  to 
the  creditor. 

Mason  V.  Nat.  Bank  of  Little  Falls  (C.  C.  A.  2nd  Cir.),  33  Am.  B.  R.  733;  172  Fed.  529. 
Action  to  set  aside  an  alleged  fraudulent  conveynance  or  to  recover  a  preference  not  a 
proceeding  in  bankruptcy,  but  ancillary  thereto  and  governed  as  to  pleading  and  practice 
by  the  laws  and  rules  of  the  court  wherein  it  is  instituted. 

Westall  et  al.  v.  Avery  (C.  C.  A.  4th  Cir.),  22  Am.  B.  R.  673;  171  Fed.  626. 
See  as  to  allegations  and  practice. 

Lesser  v.  Bradford  Realty  Co.,  17  Am.  B.  R.  534;  116  N.  Y.  App.  Div.  213  aff'g  15 
Am.  B.  R.  123;  Crooks  v.  People's  Nat.  Bank'of  Malone,  3  Am.  B.  R.  338;  46  N.  Y.  App. 
Div.  335. 

Painter  v.  Napoleon  Township  (D.  C.  Ohio.),  19  Am.  B.  R.  413;  156  Fed.  389. 
Complaint  shniild  allege  insufficient  assets  to  pay  debts  in  full. 
Presscott  v.  Galluccio,  21  Am.  B.  R.  239. 
Allegation  of,  "insolvency." 
Martin  v.  Bigelow,  7  Am.  B.  R.  218. 

Where  there  is  a  plain,  adequate  and  complete  remedy  at  law  the  suit  should  not  be  on 
equity  side  of  court. 


FORMS  IN  BANKRUPTCY.  453 

Warmath  v.  O'Daniel  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  101;  159  Fed.  87;  86C.  C.  A. 
277. 

When  properly  in  equity. 

Lesser  v.  Bradford  Realty  Co.  (N.  Y.  Sup.  Ct.),  supra. 

Parker  v.  Black  (D.  C.  N.  Y.),  supra. 

Houghton,  Trustee  v.  Stiner,  92  App.  Div.  (N.  Y.)  171. 

Wall  et  al  v.  Cox  (C.  C.   A.  4th  Cir.),  4  Am.  B.  R.  659;  101  Fed.  403. 

Power  of  District  Court  in  such  equity  suits.     Allen  v.  McMannes,  19  Am.  B.  R.  276; 
156  Fed.  615. 

An  atljudication  of  a  bankrupt  upon  the  ground  of  preference  not  conclusive  upon 
creditor  that  his  security  is  a  voidable  preference. 

Hussey  v.  Dry  Goods  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  511;  148  Fed.  598;  78 
C.  C.  A.  370. 

Against  whom  action  brought. 

In  re  Bailey,  16  Am.  B.  R.  289;  144  Fed.  214. 

See,  Benjamin  v.  Chandler,  15  Am.  B.  R.  439;  142  Fed.  217. 

Suit  can  be  brought  not  only  against  the  creditor  or  his  agent,  but  against  a 
transferee  not  a  creditor. 

Hackney  v.  Hargreaves  Bros.,  13  Am.  B.  R.  164;  3  Neb.  676;  rev'g  10  Am.  B.  R. 
213. 

Note  paid  by  debtor  to  relieve  indorser  a  preference,  and  may  be  recovered  from 
the  indorser. 

Landry  v.  Andrews,  6  Am.  B.  R.  281. 

Kobusch  V.  Hand  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  379;  156  Fed.  660;  84  C.  C.  A. 


372. 


Suit  may  be  maintained  against  the  Board  of  Trustees  of  a  township. 

Painter  v.  Napoleon  Township,  19  Am.  B.  R.  412;   156  Fed.  289. 

Insolvency  of  individuals  as  well  as  partnership  must  be  shown. 

Tumlin  v.  Bryan  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  319;  165  Fed.  160;  91  C.  C.  A. 
200. 

Vaccaro  et  al.  v.  Security  Bank  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  474;  103  Fed. 
436;  43  C.  C  A.  279. 

Reasonable  cause  to  believe. 

What  con.stitutes. 

Each  case  turns  on  its  own  facts. 

Information  sufficient  to  put  upon  inquiry.  Bardes  r.  First  Nat.  Bank  of 
Hawarden  (Sup.  Ct.  la.),  12  Am.  B.  R.  771;  122  la.  443. 

In  re  Coffey,  19  Am.  B.  R.  148;   165. 

A  state  of  facts  as  would  lead  a  prudent  business  man  to  the  conclusion  that  the 
debtor  is  unable  to  meet  his  obligations,  as  they  mature,  in  the  ordinary  course  of 
business. 

Benedict  v.  Deshel,  11  Am.  B.  R.  20,  177  N.  Y.  1. 

Coder  v,  McPherson  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  523;  152  Fed.  951;  82 
C.  C.  A.  99. 

In  re  Eggert  (C.  C  A.  7th  Cir.),  4  Am.  B.  R.  449:  102  Fed.  735;  43  C.  C.  A.  1 ; 
Wright  v.  Sampter   (D.  C.  N.  Y.),  18  Am.  B.  R.  355;   152  Fed.  196. 

Wright  V.  Wm.  Skinner  Mfg.  Co.  (C.  C.  A.  2nd  Cir.)  20  Am.  B.  R.  527;  162  Fed. 
315;  89  C.  C.  A.  23. 

Huttig  Mfg.  Co.  V.  Edwards  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  349;  160  Fed.  619; 
87  C.  C.  A.  521. 

In  re  Mills  Co.,  20  Am.  B.  R.  501 ;  162  Fed.  42. 

Stevens  v.  Oscar  Holway  Co.,  19  Am.  B.  R.  399;  156  Fed.  90. 

In  re  Virginia  Hardware  Mfg.  Co.,  15  Am.  B.  R.  135;  139  Fed.  209. 


454  FORMS  IN  BANKRUPTCY. 

In  re  Andrews,  16  Am.  B.  R.  387;   144  Fed.  922;  75  C.  C.  A.  562;  aff'g  14  Am. 

B.  R.   247. 

Actual  knowledge  not  required. 

Ridge  Ave.  Bank  v.  Sundheim  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  863;  145  Fed. 
798;  76  C.  C.  A.  362;  aflf'g  s.  c,  15  Am.  B.  R.  132;  138  Fed.  951. 

Coder  v.  Arts  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  513;  152  Fed.  943;  82  C  C.  A.  91. 
modifying, 

In  re  Armstrong,  16  Am.  B.  R.  583;  145  Fed.  202;  Getts  v.  Janesville  Grocery 
Co.,  21  Am.  B.  R.  5;   163  Fed.  417. 

In  re  Pfaffinger,  18  Am.  B.  R.  807;  154  Fed.  528;  Pratt  v.  Columbia  Bank  (D.  C. 
N.  Y.),  18  Am.  B.  R.  406,  415;   157  Fed.  137. 

Suffel  V.  McCartney  Nat.  Bank,  16  Am.  B.  R.  259;  106  N.  W.  837. 

In  re  Hiiies,  16  Am.  B.  R.  495;   144  Fed.  543. 

Stevenson  v.  Milliken  Tomlinson  Co.,  13  Am.  B.  R.  201;  99  Me.  320, 

Knowledge  of  agent  may  be  imputed  to  principal. 

Off  V.  Hakes  (C.  C.  A.  7th  Cir.),  15  Am.  B.  R.  696;  142  Fed.  364;  73  C.  C.  A. 
464;  Babbitt  v.  Kelly,  9  Am.  B.  R.  335;  95  Mo.  App.  529;  70  S.  W.  384, 

In  re  Nassau,  15  Am.  B.  R.  793;  140  Fed.  912.  But  see.  Crooks  v.  Peoples  Bank, 
3  Am.  B.  R.  238;  46  N.  Y.  App.  Div.  335;  61  N.  Y.  Supp.  604,  s.  c,  5  Am.  B.  R.  754; 
72  App.  Div.  331 ;  aff'd  177  N.  Y.  68. 

McNaboe  v.  Columbian  Mfg.  Co.  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  684;  153  Fed. 
967;  83  C.  C.  A.  81. 

Sufficiency  of  answer  to  reasonable  cause. 

Plummer  v.  Myers,  14  Am.  B.  R.  805;  137  Fed.  660;  American  Lumber,  etc.,  Co.  v. 
Taylor   (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  231;  137  Fed.  321;  70  C.  C.  A.  21. 

Turner  v.  Fisher,  13  Am.  B.  R.  243;   133  Fed.  594. 

When  action  not  sustained  by  the  evidence. 

Pratt,  as  Trustee,  etc.,  v.  Christie  (N.  Y.  App.  Div.),  12  Am.  B.  R.  1 ;  95  App. 
Div.  282. 

Preference  by  indirection. 

Rogers  v.  Fidelity  Savings  Bank  &  Loan  Co.,  23  Am.  B.  R.  1, 

Reasonable  cause  to  believe  a  question  of  fact  for  jury, 

Thomas  v,  Adelman  (D.  C,  N.  Y.),  14  Am.  B.  R.  510;  136  Fed.  973;  also  question 
of  solvency. 

Upson  V.  Mount  Morris  Bank,  14  Am.  B.  R.  6;   103  N.  Y.  App.  Div.  367. 

Wetstein  v.  Franciscus   (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  326;   133  Fed.  900;  67 

C.  C.  A.   62. 

Ridge  Ave.  Bank  v.  Sundheim    (C.  C.  A.  3rd  Cir.)    (supra). 
Turner  v.  Fisher   (supra). 

Practice. 

Pleading  should  show  a  demand  and  refusal  to  restore. 

In  re  Phelps,  3  Am.  B.  R,  396. 

Allegation  that  a  preference  was  fraudulent  without  setting  forth  the  facts  showing 
the  fraud  insufficient. 

In  re  Leech   (supra). 

Complaint  may  be  dismissed  for  variance  between  pleading  and  proof. 

Stern  v.  Mayer  (N.  Y.  Sup.  Ct.),  16  Am.  B.  R.  763,  113  N,  Y,  App.  Div.  181; 
98  N.  Y.  Supp.   1028. 

Amount  of  recovery. 

Allen  v.  McMannes,  19  Am.  B.  R.  276;   156  Fed.  615. 

Value  of  property,  not  amount  realized  by  transferee. 

In  re  Ansley  Bros.,  18  Am.  B.  R.  457 ;   153  Fed.  983. 


FORMS  IN  liANKRUPTCY.  455 

Only  so  much  recoverable  as  is  necessary  for  the  payment  of  claims  and  the  costs 
and  expenses  of  administering  the  estate. 

Rogers  v.  Page  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  502;  140  Fed.  596;  72  C.  C.  A. 
164. 

In  N.  Y.,  when  transfer  is  made  by  an  insolvent  corporation,  Plaintiff  under  sec.  66 
of  N.  Y.  Stock  Corporation  Law  of  1909,  need  not  prove  reasonable  cause  to  believe  on 
part  of  transferee. 

Price  V.  Derbyshire  Coffee  Co.  (N.  Y.  Sup.  Ct.),  N.  Y.  Law  Journal,  Apr.  9,  1910, 
Trial  Term,  Part  XVII,  page  154. 

Restoration  of  stolen  funds,  not  a  recoverable  preference. 

McNaboe  v.  Columbia  Mfg.  Co.  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  684;  153  Fed. 
967;  83  C.  C.  A.  81. 

A  court  of  equity  in  a  suit  by  a  trustee  to  recover  a  preference,  will  not  entertain 
a  cross  bill  for  the  recovery  by  defendant  of  the  amount  of  the  dividend  to  which  he 
claims  to  be  entitled  from  the  bankrupt  estate,  but  will  require  him  to  prove  his  claim 
in  the  bankruptcy  court. 

Onmien  v.  Talcott  (D.  C.  N.  Y.),  23  Am.  B.  R.  572;  175  Fed.  259. 


456  FORMS  IN  BANKRUPTCY. 


FORM  No.  295. 

COMPLAINT  TO  SET  ASIDE  UNDER  SEC.  70-e  BILL  OF  SALE  BEYOND 
FOUR  MONTHS  PERIOD. 


Court  of 
County. 


,as  Trustee 

in  Bankruptcy  of 

Plaintiffs 


against 

Defendant. 


J 


The  plaintiff  appearing  by  ,  his  attorney,  for  a  complaint 

herein,  alleges  upon  information  and  belief : 

I.  That  at  all  times  hereinafter  mentioned  the  defendant, , 

was  and  still  is  a  domestic  corporation,  organized  and  existing  under  and 
pursuant  to  the  laws  of  the  State  of 

II.  That  heretofore,  and  on  or  about ,  19.  .,  a  petition  in 

bankruptcy  was  filed  against   ,  in  the  district  court  of 

the  United  States  for  the district  of ,  and  such 

proceedings  were  had  thereafter  that  said was  on  or  about  the 

day  of ,  19 .  .,  duly  adjudicated  a  bankrupt. 

III.  That  thereafter  and  on  the   day  of   ,  19. ., 

,  the  plaintiff  herein,  was  duly  appointed  trustee  of  the 

estate  of  said ,  bankrupt;  and  that  thereafter  plaintiff  duly 

qualified  and  entered  upon  the  discharge  of  his  duties  as  such  trustee  and  has 
been  at  all  times  since  and  is  now  such  trustee;  that  upon  the  appointment 
and  qualification  of  the  plaintiff  as  such  trustee,  he  became,  was  and  is  vested 
for  the  benefit  of  the  creditors  of  the  said  bankrupt,  and  in  accordance  with  the 
provisions  of  the  laws  of  the  United  States  in  such  case  made,  with  all  and 
singular  the  real  and  personal  estate,  assets  and  causes  of  action  which  were 

owned  by  or  to  which  the  said   ,  or  his  creditors  were  in 

anywise  entitled  on  the  day  when  he  was  adjudicated  bankrupt,  as  aforesaid, 
as  well  as  to  all  property  theretofore  transferred  by  him  in  fraud  of  his 
creditors. 

IV.  That  at  the  time  of  the  execution  and  delivery  to  the  defendant 
,  of  the  alleged  bills  of  sale  and  agreement  hereinafter  men- 
tioned, and  at  the  time  of  the  filing  of  the  alleged  bill  of  sale  of , 

19.  .,  hereinafter  referred  to,  and  at  the  time  defendant  took  possession  of  the 


FORMS  IN  BANKRUPTCY.  457 

property  mentioned  in  paragraph  .  .  of  this  complaint,  the  said 

owed  debts  to  various  creditors  now  represented  by  the  plaintiff,  as  trustee 

aforesaid,  amounting  to  $ or  thereabouts ;  that  some  of  said  debts  had 

been  reduced  to  judgment  prior  to  the  execution  and  delivery  of  the  said 
alleged  bills  of  sale  and  said  agreement ;  that  other  of  said  debts  were  reduced 

to  judgment  prior  to  the  adjudication  of  said ,  in  b<\nkrui)tcy ; 

that  all  of  said  debts  remain  wholly  unpaid  and  have  been  proved  and  filed 

in  the  bankruptcy  proceedings  of  said   ,  and  allowed  by  the 

referee  in  charge  thereof;  that  plaintiff  has  no  money  or  other  property  in  his 
possession  to  pay  said  debts  or  any  part  thereof,  and  the  sole  asset  of  the 
estate,  is  the  property  which  the  plaintiff  seeks  to  recover  in  this  action. 

V.     That  on  or  about  the   day  of ,  19 .  .,  said 

,  bankrupt,  was  the  owner  and  in  possession  of  certain 

property  as  follows,  to  wit :    


situated  at street,  in  the  City  of and  State  of 

,  all  of  which  were  of  an  estimated  value  of  $ , 

or  thereabouts. 

VI.  That  thereafter  and  on  or  about  the day  of ,  19 •  •> 

the  said ,  made  an  alleged  bill  of  sale  of  the  said  goods  and 

chattels  above  mentioned,  to  the  defendant, ,  which  alleged 

bill  of  sale  was  intended  to  and  did  operate  as  a  mortgage  on  the  goods  and 
chattels  covered  thereby,  a  copy  of  said  alleged  bill  of  sale  is  hereto  annexed 
marked  "  Exhibit  A,"  and  made  a  part  of  this  complaint. 

VII.  That  on  or  about  the  said   day  of ,  19.  .,  the 

said ,  bankrupt,  made  an  agreement  with  the  said , 

defendant  relative  to  the  making  and  delivery  to  the  said of 

certain  promissory  notes,  a  copy  of  which  agreement  is  hereto  annexed  marked 
"  Exhibit  B,"  and  made  a  part  of  this  complaint. 

VIII.  That  on  or  about  the day  of ,  19 .  . ,  the  said 

,  bankrupt,  made  an  alleged  bill  of  sale  to  the  defendant,  a  copy 

of  which  is  hereto  annexed  marked  "  Exhibit  C,"  and  made  a  part  of  this 
complaint,  purporting  to  be  confirmatory  of  the  alleged  bill  of  sale  and  agree- 
ment hereinbefore  mentioned  in  paragraphs  VI  and  VII  respectively  of  this 
complaint. 

IX.  That  there  was  no  consideration  given  or  received  for  the  said  alleged 
bill  of  sale  and  said  agreement  of 19.  .  ;  that  the  only  con- 
sideration for  the  alleged  confirmatory  bill  of  sale  of ,  19.  ., 

was  an  alleged  antecedent  indebtedness  due  by  said  to 

defendant;  that  there  was  no  delivery  of  the  said  goods  and  chat^ls  to  the 
defendant  under  said  alleged  bills  of  sale  and  said  agreement  until  on  or 

about  ,  19 .  .  ;  that  the  said   ,  bankrupt, 

remained  in  full  and  continuous  custody,  control  and  possession  of  said  goods 
and  chattels  up  to  or  about ,  19. .  ;  that  said  alleged  bill 


458  FORMS  IN  BANKRUPTCY. 

of  sale  of ,  19  •  •  J  and  the  said  agreement  of , 

19. ,,  were  not  filed  pursuant  to  the  laws  of  the  State  of ,  in 

office  of of  the  County  of until  after 

,  19.  .,  and  that  possession  of  said  goods  and  chattels  was 

not  taken  by  the  defendant  until  on  or  about ,  19 .  . . 

X.  That   at  the  time  of  the  execution  and   delivery   to  the   defendant 

of  said  alleged  bill  of  sale  and  agreement  and  at  the  time 

of  the  filing  of  the  alleged  bill  of  sale  on ,  19.  .,  and  at 

the  time  the  defendant took  possession  of  the  property  men- 
tioned in  paragraph of  this  complaint,  the  said was  insolvent 

and  owed  debts  largely  in  excess  of  the  value  of  his  assets,  and  that  such 
alleged  bill  of  sale  and  agreement  aforesaid,  was  made,  executed  and  delivered 

to   ,  defendant,  for  the  purpose  and  with  intent  on 

the  part  of  the  said of  hindering,  delaying  and  defrauding  his 

said  creditors,  and  of  placing  his  property  beyond  the  reach  of  his  said 

creditors,  and  each  of  them,  and  the  defendant so  received 

said  alleged  bill  of  sale,  and  knowingly  participated  in  said  fraudulent  scheme. 

XI.  That  heretofore  and  prior  to  the  commencement  of  this  action,  plaintiff 

demanded  in  writing  of  the  defendant ,  all  the  property  covered 

by  said  alleged  bills  of  sale  and  defendant  has  failed,  neglected  and  refused  to 
deliver  the  said  property  to  plaintiff. 

Wherefore,  this  plaintiff  demands  judgment : 

I.  That  the  said  alleged  bill  of  sale  and  said  agreement  of  the day 

of ,  19. .,  and  the  said  alleged  bill  of  sale  purporting  to  be  con- 
firmatory thereof,  made  on  the   day  of   ,  19. .,  be 

each  and  the  said  transfer  of  property  in  pursuance  of  same,  set  aside,  and 
declared  null  and  void  as  made  to  hinder,  delay  and  defraud  the  creditors 
of and  this  plaintiff. 

II.  That  the  defendant be  directed  to  account  for,  transfer 

and  deliver  to  the  plaintiff,  all  of  the  property,  heretofore  received  by  the  said 

,  defendant  by  virtue  of  said  alleged  bill  of  sale,  agreement 

and  confirmatory  bill  of  sale. 

III.  That  in  case  the  said  defendant shall  have  disposed 

of  said  property  or  any  part  thereof,  so  that  the  same  cannot  be  reached,  con- 
trolled and  delivered  by  the  said  defendant,  and  transferred  and  turned  over 
to  this  plaintiff,  this  plaintiff  have  judgment  for  the  value  thereof. 

IV.  That  in  case  the  said  defendant  shall  have  permitted  said  property,  or 
any  part  thereof,  to  be  injured  or  damaged  by  use  or  wear  thereof,  or  other- 
wise, so  that  said  property  shall  have  in  consequence  depreciated  in  value,  this 
plaintiff  do  further  have  and  recover  judgment  for  the  amount  of  said  damage 
or  injury  to  said  property  as  well  as  damages  for  the  use  and  detention  thereof. 

V.  That  the  defendant,  be  adjudged  to  make  dis- 
closure and  discovery  as  to  any  and  all  of  said  property  received  by  it  from 

,  bankrupt,  which  it  now  has  or  which  it  has  disposed 

of,  the  whereabouts  of  which  is  concealed  from  and  unknown  to  this  plaintiff, 


FORMS  IN  BANKRUPTCY.  459 

in  order  that  such  property  where  not  in  possession  of  said  defendant,  may- 
be reached  and  transferred  to  this  plaintiff. 

VI.  That  the  phiintiff  have  such  otlier  or  further  order,  judgment  or  relief 
as  to  the  court  may  seem  just  and  proper  together  with  the  costs  and  disburse- 
ments of  this  action. 

) 

Attorney  for  plaintiff, 
Office  &  Post  Office  Address, 

Street, 

City  of 

(Verification.) 
(Exhibits.) 

NOTES. 

See  amendments  1910,  sec.  23-b  67  d.  as  amended. 

Fraudulent  transfers  ■within  four  months  period,  sec.   67-e  and   transfers 
fraudulent  under  state  laws.     Sec.  70  a,  (4),  e. 
Cross  References  2  (7)  (15)  47  a  (2)  60  b. 

See,  Moore  on  "  Fraudulent  Conveyances  "  Chap.  XXIV. 

Jurisdiction. 

Where  creditor  could  have  avoided  a  transfer  under  the  laws  of  the  State,  trustee 
in  bankruptcy  has  same  power. 

Mueller  v.  Bruss,  8  Am.  B.  R.  442;  112  Wis.  406;  88  N.  W.  229. 

Hunt  V.  Doyal   (Ga.),  57  S.  E.  489. 

Concurrent  jurisdiction  of  State  and  Federal  Court  to  set  aside  transfers  within 
the  four  months  period. 

Johnston  v  Forsythe  Mercantile  Co.,  11  Am.  B.  R.  669;  127  Fed.  845;  Drew  v. 
Myers  et  al.,  22  Am.  B.  R.  656. 

Trustee  may  proceed  whether  any  creditor  is  in  a  position  to  attack  the  transfer 
or  not. 

Sheldon  v.  Parker,  11  Am.  B.  R.  152,  66  Neb.  610;  92  N.  W.  923. 

Trustee  alone  authorized  to  bring  the  action. 

Ruhl-Koblegard  Co.  v.  Gillespie,  22  Am.  B.  R.  643. 

May  maintain  the  suit  in  district  other  than  the  one  in  which  he  was  appointed. 

Teague  v.  Anderson  Hardware  Co.,  20  Am.  B.  R.  424;   161  Fed.  765. 

Not  necessary  for  trustee  to  show  that  a  creditor  had  obtained  judgment  and  issued 
execution,  and  had  same  returned  unsatisfied. 

Thomas  v.  Roddy,  19  Am.  B.  R.  873;  122  N.  Y.  App.  Div.  851;  Ryker  v.  Gwynn 
(N.  Y.  Sup.),  21  Am.  B.  R.  95;  Beasley  v.  Coggins,  12  Am.  B.  R.  3.55;  57  So.  213. 

Mueller  v.  IJru.ss,  8  Am.  B.  R.  442;  112  Wis.  406;  Mitchell  v.  Mitchell,  17  Am. 
B.  R.  382;  147  Fed.  280;  aff'd  20  Am.  B.  R.  924;  160  Fed.  1022;  87  C.  C.  A.  613. 

As  to  unfiled  chattel  mortgage. 

See,  Skilton  v.  Coddington,  15  Am.  B.  R.  810;   185  N.  Y.  80. 

Fraudulent  transfers — recovery. 

I'lenary  suit  is  in  most  cases  necessary  to  reach  property  in  hands  of  third 
persons  since  decision  of  Supreme  Court  in 

Bardes  v.  Bank,  4  Am.  B.  R.  163;   178  U.  S.  524. 

Whf^n  brought  under  sec.  67e,  Bankruptcy  Court  has  jurisdiction,  without  consent 
of  'MO'  n=pd  defendant. 


460  FORMS  IN  BANKRUPTCY. 

Lynch  v.  Bronson,  20  Am.  B.  R.  409;  160  Fed.  139. 

Cannot  be  brought  under  sec.  70e  in  the  Federal  Court  without  the  consent  of  the 
proposed  defendant. 

Skewis  V.  Barthell  (D.  C.  la.),  18  Am.  B.  R.  429;  152  Fed.  534;  Palmer  v. 
Roginsky,  23  Am.  B.  R.  358;   175  Fed.  883. 

Hull  V.  Burr  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  541,  547;  153  Fed.  915;  83  C.  C. 
A.   61. 

Contra. 

Hurley  v.  Devlin   (D.  C.  Kan.),  17  Am.  B.  R.  793;  149  Fed.  268. 

[By  Amendment  of  1910,  See  23b  as  amended  suits,  to  recover  property 
70e.  may  no^v  be  brought  in  bankruptcy  court.] 

Has  power  though  transfer  was  made  more  than  four  months  prior  to  adjudi- 
cation, subject  to  the  limitation  of  sec.  70   (e). 

Bush  V.  Export  Storage  Co.   (C.  C.  Tenn.),  14  Am.  B.  R.  138;  136  Fed.  918. 

Lewis  V.  Bishop,  47  N.  Y.  App.  Div.  554;  62  N.  Y.  Supp.  618;  Beasley  v.  Coggins, 
12  Am.  B.  R.  355;  48  Fla.  215;  57  So.  213;  In  re  Mullen,  4  Am.  B.  R.  224;  101  Fed. 
413;  Thomas  v.  Roddy  (N.  Y.  App.  Div.),  19  Am.  B.  R.  873;  122  App.  Div.  851; 
In  re  Schenck,  8  Am.  B.  R.  727;   116  Fed.  564. 

In  re  Rodgers,  11  Am.  B.  R.  79;   125  Fed.  169;  60  C.  C.  A.  567. 

Trustee  may  bring  equity  suit  to  avoid  the  transfer. 

Beasley  v.  Coggins  {supra);  McNulty  v.  Feingold,  12  Am.  B.  R.  338;  Wall  v. 
Cox   (C.  C.  A.  4th  Cir.),  4  Am.  B.  R.  659;   101  Fed.  403;  41  C.  C.  A.  408. 

See,  s.  c,  181  U.  S.  244;  45  L.  Ed.  845. 

Receiver  in   Bankruptcy  may  not  bring  such   suit. 

Guarantee  Title  &  Trust  Co.  v.  Pearlman,  16  Am.  B.  R.  461 ;   144  Fed.  550. 

Complaint  should  allege  that  the  assets  of  the  estate  are  not  sufficient  to  pay 
creditors  in  full. 

Prescott  V.  Galluccio  (D.  C.  N.  Y.),  21  Am.  B.  R.  229. 

Mueller  v.  Bruss   (supra). 

Johnston  v.  Forsyth  Mercantile  Co.,  11  Am.  B.  R.  669;   127  Fed.  845. 

Trustee  may  include  in  his  bill  of  complaint  all  causes  of  action  which  might 
have  been  included  in  creditor's  bill. 

Carter  v.  Hobbs,  1  Am.  B.  R.  215;  92  Fed.  594. 

Necessary  elements  of  proof. 

Van  Iderstine,  Trustee  v.  Nat.  Discount  Co.,  23  Am.  B.  R.  345;  174  Fed.  518. 

Bankrupt  not  a  necessary  party. 

Cox,  Trustee,  etc.,  v.  Wall  et  al.,  3  Am.  B.  R.  664. 

A  fraudulent  transferee,  who  has  transferred  to  another  fraudulent  transferee  all 
his  property  rights,  is  not  a  necessary'  party  defendant. 

Skillin  v.  Endelman,  11  Am.  B.  R.  766;  79  N.  Y.  Supp.  413. 

Trustee  suing  under  sec  70e,  must  bring  himself  within  the  elements  of  pleading 
and  proof  recognized  by  the  statutes  and  decisions  of  the  State  in  which  action  is 
brought. 

Halbert  v.  Pranke  (Minn.  Sup.),  11  Am.  B.  R.  620. 

In  re  Gray,  3  Am.  B.  R.  647;  47  App.  Div.   (N.  Y.)   554. 

Mueller  v.  Bruss   {supra). 

In  an  action  in  equity  by  trustee  to  set  aside  a  transfer  of  corporate  stock 
claimed  to  have  been  made  by  the  bankrupt  in  fraud  of  c.editors,  where  decree  would 
not  afford  full  relief,  owing  to  depreciation  in  value  of  certificates,  the  court  may 
award  a  money  judgment  against  the  transferee. 

Wasey  v.  Holbrook,  65  Misc.   (N.  Y.)   84. 


FORMS  IN  BANKRUPTCY.  461 

Order  refusing  to  direct  delivery  of  property  summarily,  no  bar  to  subsequent 
suit  to  recover  by  trustee. 

Murray  v.  Joseph,  IG  Am.  B.  R.  704;   146  Fed.  260. 

Who  entitled  to  share  in  proceeds  of  suit. 

In  re  Kohler  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  89;   159  Fed.  871  ;  87  C.  C.  A.  51. 

When  trustee  is  not  barred  by  election  from  maintaining  suit  to  avoid  transfer. 

Thomas  v.  Sugarman  (U.  S.  Sup),  .30  Sup.  Ct.  Rep.  650,  reversing  s.  c.  (C.  C.  A. 
2nd  Cir.),  19  Am.  B.  R.  509;  157  Fed.  669;  85  C.  C.  A.  337. 

Failure  of  trustee  to  contest  claim,  no  bar  to  suit  to  recover. 

Buder  v.  Columbia  Distilling  Co.   (Ct.  of  App.  Mo.),  9  Am.  B.  R.  331. 

Intent  to  defraud  is  the  test  of  the  right  to  avoid  a  transfer  under  this  section, 
"which  applies  only  to  transfers  which  are  fraudulent  at  common  law. 

In  re  Bloch   (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  748;  142  Fed.  674;  74  C.  C.  A.  250. 

Under  Ohio,  Rev.  St.,  Sec.  6343. 

Actual  fraud  or  an  intent  to  defraud  need  not  be  shown. 

Barber  v.  Coit  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  419;  144  Fed.  381;  75  C.  C.  A. 
319. 

Voluntary  settlement  upon  wife. 

In  re  Foss,  17  Am.  B.  R.  439;   147  Fed.  790. 

Mortgage  withheld  from  record. 

In  re  Hunt,  14  Am.  B.  R.  416;  139  Fed.  283. 

Test  of  validity  is  the  law  of  the  State. 

Mattley  v.  Wolfe   (D.  C.  Neb.),  23  Am.  B.  R.  673;   175  Fed.  619. 

Dodge  V.  Norlin  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  176;  133  Fed.  363;  66  C.  C.  A. 
425. 

See  Collier   (7th  Ed.),  762. 

Burden  of  proof. 

Sale  of  entire  slock  in  bulk  out  of  due  course  of  business,  is  presumptively 
questionable  and  casts  burden  on  purchaser  to  show  good  faith,  etc. 

In  re  Knopf,  16  Am.  B.  R.  432;  144^Fed.  245;  Dokken  v.  Page  (C.  C.  A.  8th  Cir.), 
17  Am.  B.  R.  228;  147  Fed.  438;  77  C.'*C.  A.  674;  Allen  v.  McMannes,  19  Am.  B.  R. 
276;   156  Fed.  615. 

Transfer  to  relative — Burden  upon  grantee  to  show  good  faith. 

Horner-Gaylord  Co.  v.  Miller  &  Bennett,  17  Am.  B.  R.  257;   147  Fed.  295. 

Burden  upon  complainant  to  show  absence  of  good  faith  on  part  of  purchaser  of 
bankrupt's  accounts. 

Van  Iderstine,  Trustee  v.  National  Discount  Co.  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R. 
345;   174  Fed.  518. 

Shelton  v.  Price   (D.  C.  Ala.),  23  Am.  B.  R.  431;   174  Fed.  891. 

Sale  of  stock  in  bulk. 

Johnston  v.   Forsyth  Mercantile  Co.,  19  Am.  B.  R.  48;   155  Fed.  268. 

Houck  V.  Christy  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  330;  152  Fed.  612;  81  C.  C. 
A.    602. 

In  re  Knopf,  17  Am.  B.  R.  48;  146  Fed.  109. 

Mortgagor  remaining  in  possession,  fraudulent  under  New  York  personal  property 
law. 

Skillin  V.  Endelman,  11  Am.  B.  R.  766;  79  N.  Y.  Supp.  413;  39  Misc.  Rep.  261. 

In  Iowa,  void  as  to  those  who  became  creditors  after  execution  of,  but  before 
recording. 

Post  V.  Berry  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  699. 

In  re  Bothe  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  151;  173  Fed.  597. 


462 


FORMS  lx\  BANKRUPTCY. 


FORM  No.  296. 

COMPLAINT  TO  DECLARE  SECRET  TRUST. 

Court  of , 


County  of 


in  Bankruptcy  of  ■ 


•as  Trustee 
Plaintiff, 


against 
and 


Defendants. 


The  plaintiff  for  his  complaint  herein  by ,  his  attorney, 

respectfully  shows  to  this  Honorable  Court  and  alleges: 

1.  That  heretofore  and  in  the  District  Court  of  the  United  States  for  the 

district  of ,  a  petition  in  bankruptcy 

was  duly  filed  by  the  above  named ,  in  which  district,  the 

said for  more  than  six  months  prior  to  the  filing  of  said 

petition  resided,  to  be  adjudged  a  voluntary  bankrupt  and  proceedings  were 

thereupon  duly  had  on  such  petition,  that  on  the day  of , 

19..,  an  order  of  adjudication  was  duly  made  and  entered  adjudicating  the 

above  named  defendant ,  a  bankrupt  within  the  purview  of 

the  Acts  of  Congress,  relating  to  bankruptcy. 

2.  That  thereafter  such  proceedings  were  duly  had  in  the  said  District 

Court  of  the  United  States  for  the  district  of   

that  at  a  meeting  of  creditors  of  the  said  bankrupt,  this  plaintiff  was  duly 
appointed  the  trustee  in  bankruptcy  of  the  estate,  assets  and  effects  of  the  said 

3.  That  thereafter  this  plaintiff  duly  gave  and  filed  a  bond  as  required  by 
law  and  in  other  respects  duly  qualified  as  such  trustee  in  bankruptcy  of  the 
said ,  and  is  still  acting  as  such  trustee. 

4.  Upon  information  and  belief:     That  the  above  named  defendant,  .... 

,  is  the  owner  of  record  of  certain  real  estate,  described   as 

follows : 

[Here  describe  property.] 

5.  Upon  information  and  belief:  That  the  said  real  estate  was  purchased 
with  the  money  of  the  said  defendant, ,  and  pursuant  to  an 


FORMS  IN  BANKRUPTCY.  4G3 

understanding  and  agreement  then  had  between  the  said  defendants, 

and  his  wife, ,  that  the  said  property  was  to  be  purchased 

in  the  name  of  the  defendant and  to  be  held  by  her  in  trust 

for  the  defendant, 

6.  Upon  information  and  belief :     That  prior  to  and  on , 

19..,  when  the  said  property  was  purchased  in  the  name  of  the  defendant, 

,  the  said was  insolvent  and  unable  to  pay 

his  debts  and  obligations  in  full. 

7.  Upon   information  and  belief:     That  the  said  property  hereinbefore 

described  was  purchased  in  the  name  of  the  said  defendant,    , 

solely  with  the  intent  and  purpose  of  cheating  and  defrauding  the  creditors 
of  the  said  

8.  Upon  information  and  belief:     That  the  said  defendant , 

is  in  reality  and  as  a  matter  of  fact,  the  owner  of  the  said  property,  but  that 

the  said  defendant, ,  is  holding  the  same  in  trust  for  him 

under  the  secret  understanding  and  agreement  hereinbefore  set  forth,  with 
the  intent  and  purpose  of  cheating  and  defrauding  the  creditors  of  the 
said  

9.  That  the  assets  of  this  estate  in  hands  of  plaintiff  are  insufficient  to  pay 
the  debts  of  said  bankrupt  in  full. 

Wherefore,  plaintiff  demands  judgment  as  follows : 

I.  That  the  said  defendant, ,  be  decreed  and  adjudged 

to  be  the  owner  of  the  property  mentioned  in  said  complaint,  and  that  the  said 

defendant, ,  be  decreed  to  hold  the  said  property  in  trust  for 

the  said  defendant, 

II.  That  the  said  defendant, ,  be  directed  to  execute  a 

deed  of  the  said  premises  herein  mentioned  to  the  plaintiff  as  trustee  in 
bankruptcy  of  the  defendant, 

III.  That  the   said   property   herein  mentioned   be   directed   to   be   sold 

according  to  law,  for  the  benefit  of  the  creditors  of  the  said , 

the  bankrupt  herein. 

IV.  That  this  plaintiff  have  such  other  and  further  relief  in  the  premises 
as  to  this  court  may  seem  just  and  equitable,  besides  the  costs  and  disburse- 
ments of  this  action. 

> 

Attorney  for  plaintiff. 

Office  &  P.  0.  Address St. 

City  of 


[Verification.] 


NOTE. 


Action  to  fasten  secret  trust. 

LudTigh  Y.  American  Woolen  Co.   (D.  C.  N.  Y.),  19  Am.  B.  R.  795;  159  Fed.  796. 


464  FORMS  IN  BANKRUPTCY. 


FORM  No.  297. 

BILL  IN  EQUITY  FOR  CONSPIRACY  TO  DETRAUD  CREDITORS. 

District  Court  of  the  United  States, 

District  of 

In  Equity. 


as  Trustee  in  Bankruptcy  of 

Bankrupt, 

Complainant^ 

against 


and. 


Respondents. 


To  the 

Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 

District  of : 

as  trustee  in  bankruptcy  of ,  bankrupt, 

brings  this,  his  Bill  of  Complaint  against , and 

,  and  thereupon  your  orator  complains  and  says : 

1.     That  heretofore  and  on  or  about  the day  of 19. ., 

a  petition  in  involuntary  bankruptcy  signed  and  verified  by  the  creditors 
therein  named,  was  duly  filed  in  the  District  Court  of  the  United  States  for 

the   District  of   ,  praying  that   , 

a  merchant  and  trader  in  and  manufacturer  of ,  having  for 

the  greater  part  of  the  six  mouths  next  preceding  the  filing  of  the  said 

petition,  been  engaged  in  business  at  ,  within  the 

territorial  limits  and  Jurisdiction  of  the  said  District  Court  of  the  United 

States  for  the District  of ,  be  adjudged  an 

involuntary  bankrupt;  that  thereafter  such  proceedings  were  duly  had  upon 

said  petition,  that  on  or  about  the day  of ,  19 . . ,  an  order 

was  duly  made  and  entered  in  the  said  District  Court  of  the  United  States  for 

the District  of  ,  wherein  and  whereby  it 

was  adjudged  and  decreed  that  the  said was  a  bankrupt  within 

the  purview  of  the  Acts  of  Congress  relating  to  bankruptcy ;  and  thereafter  such 
proceedings  were  duly  had  upon  said  petition  and  adjudication  that  the  first 

meeting  of  creditors  of  the  said   was  duly  held  at  the 

office  of ,  Esq.,  one  of  the  referees  in  bankruptcy  to  whom 

the  said  bankruptcy  proceeding  was  referred  and  such  proceedings  were  duly 

had  at  first  meeting  of  creditors,  that  on  or  about  the day  of , 

19.  .,  your  orator  was  duly  appointed  trustee  of  the  said and 


FORMS  IN  BANKRUPTCY.  465 

of  his  assets,  and  your  orator  duly  accepted  such  appointment  and  duly  filed  his 

bond  in  the  said  District  Court  of  the  United  States  for  the 

District  of   in  the  sum  of    dollars  as 

required  by  the  terms  of  the  order  of  his  appointment,  which  bond  was,  on  or 

about  the day  of ,  19  •  • ,  duly  approved  by  the 

said  District  Court  of  the  United  States  for  the District  of 

,  in  and  by  an  order  made  upon  said  day ;  and  thereupon  your 

orator  entered  upon  the  discharge  of  his  duties  as  such  trustee  and  now 
continues  in  the  performance  thereof. 

UPON  INFORMATION  AND  BELIEF  : 

2.  That  at  all  the  times  hereinafter  mentioned,  the  respondents 

and were  engaged  in  business  in  the  City  of , 

as ,  under  the  firm  name  and  style  of 

3.  That  in  the  months  of , and , 

19.  .  and  within  four  months  of  the  filing  of  the  said  petition  in  bankruptcy 

against  the  said  bankrupt ,  the  said was 

insolvent,  that  is  to  say,  the  aggregate  of  the  property  of  the  said , 

exclusive  of  the  property  hereinafter  referred  to  as  having  been  conveyed  and 
transferred  with  intent  to  hinder,  delay  and  defraud  his  creditors,  was  not,  at 
a  fair  valuation,  sufficient  in  amount  to  pay  his  debts. 

4.  That  the  said    at  the  times  referred  to  in  the  last 

paragraph,  well  knew  that  he  was  thus  insolvent. 

5.  That  during  the  said  months  of , ,  and 

,   19..,   and  within  four  months  of  the  filing  of  the  said 

petition  against  the  said ,  and  while  the  said 

was  insolvent  as  aforesaid,  well  knowing  the  same,  the  said 

communicated  his  financial  condition  to  the  respondent and 

informed  the  said   that  he,  the  said   ,  owed 

large  sums  of  money  which  he  was  unable  to  pay  and  would  be  unable  to  pay, 
and  that  his  assets  were  not  sufficient  to  meet  his  liabilities,  and  that  he  was 

in  an  insolvent  and  failing  condition,  and  thereupon  the  said , 

well  knowing  the  facts  thus  communicated,  conspired  with  the  said , 

and  pursuant  to  said  conspiracy,  it  was  agreed  by  and  between  the  said 

and  the  said   on  his  own  part  and  on 

the  part  of  the  said  firm  of ,  that  the  said 

should  go  out  into  the  market  among  the  merchants  of  the  City  of 

and  elsewhere,  and  should  buy  largely  upon  credit  from  the  said  merchants, 
such  merchandise  as  he  could  procure  from  them  and  to  the  end  and  purpose 

that  tlie  said might  be  enabled  to  purchase  large  quantities  of 

merchandise  from  the  said  merchants  upon  credit,  it  was  further  agreed  that 

in  making  the  purchases  the  said should  represent  himself 

as  a  merchant  of  sound  financial  standing  and  of  sufficient  means  and  ability 
to  pay  therefor  and  should  refer  the  said  merchants  from  whom  the  said 


/Co  FORMS  IN  BANKRUPTCY. 

merchandise  was  to  be  thus  obtained  to  the  said  for  the 

purpose  of  verifying  the  said  assertions  of  the  said , 

and  it  was  thereupon  agreed  that  the  said   

would,  upon  inquiry  by  said  merchants  or  on  their  behalf,  state  and  represent 

to  the  said  merchants  that  the  said was  a  man  of  sound 

financial  standing  and  of  sufficient  means  and  ability  to  pay  for  said  merchan- 
dise ;  and  pursuant  to  said  conspiracy  likewise  it  was  agreed  that  such  merchan- 
dise as  the  said should  thus  obtain  from  the  said  merchants 

should  not  be  paid  for,  but  that  the  same  should  be  immediately  transferred 

and  delivered  to  the  said  firm  of ,  and  sold  by  them  in  their 

business  as for  such  prices  as  they  might  obtain  and 

that  the  proceeds  should  be  kept  and  secreted  from  the  creditors  of  the  said 

and  from  the  merchants  who  were  thus  defrauded,  and  applied 

to  the  benefit  of  the  said  and  the  said   

and and  the  said  firm  of ,  all  of  which 

conspiracy  and  agreement,  your  orator  avers  was  made  and  entered  into  with 
the  intent  on  the  part  of  the  respondents  to  hinder,  delay,  cheat  and  defraud 
the  creditors  of  the  said 

6.  That  in  the  months  of , and and 

within  four  months  of  the  filing  of  the  said  petition  against  the  said 

and  while  the  said was  insolvent  as  aforesaid,  well  knowing 

the  same  and  with  the  knowledge  on  the  part  of  the  said of  the  said 

insolvency  and  of  the  extent  thereof  and  pursuant  to  the  terms  and  stipulations 
of  the  corrupt  and  dishonest  agreement  set  forth  in  the  last  paragraph,  and 
pursuant  to  the  said  conspiracy  to  hinder,  delay,  cheat  and   defraud  the 

creditors  of  the  said and  with  the  intent  on  the  part  of  the 

respondents  to  hinder,  delay,  cheat  and  defraud  said  creditors  of  the  said 

,  the  said  did  go  out  into  the  market 

among  the  merchants  of  the  City  and  elsewhere,  and  did  represent  himself 
to  be  a  man  of  sound  financial  standing  and  of  sufficient  means  and  ability  to 
pay  for  the  goods  hereinafter  referred  to,  and  did  represent  and  state  to  the 

said  merchants  that  the  respondent was  one  to  whom  he 

could  refer  as  to  his  financial  standing  and  means  and  ability  to  pay,  and  the 
said  merchants  largely  did  inquire  of  the  said as  to  the  stand- 
ing and  financial  responsibility  of  the  said and  the  said 

did  falsely  and  fraudulently  and  corruptly  state  and  repre- 
sent to  the  said  merchants  that  the  said was  worthy  of  credit, 

whereby  and  by  reason  whereof,  the  said established  a  large 

credit  and  procured  large  quantities  of  merchandise  with  the  intent  on  his 

part  not  to  pay  for  the  same  and  with  the  knowledge  of  the  said 

that  he  had  thus  procured  the  same  with  the  said  intent. 

7.  That  likewise  pursuant  to  the  said  conspiracy  and  corrupt  agreement 
hereinbefore  referred  to,  upon  obtaining  said  mercbandiso  in  manner  and  form 

as  above  set  forth,  the  said  did,  during  the  months  of 

, and 19 .  .  and  within  four 


FORMS  IN  BANKRUPTCY.  467 

months  of  the  filing  of  the  said  petition  against  the  said and 

while  insolvent  as  aforesaid,  well  knowing  the  same,  transfer,  assign  and  set 

over  to  the  said  firm  of ,  and  with  the  intent  and  purpose 

of  hindering,  delaying,  cheating  and  defrauding  his  creditors,  assets  consisting 
largely  of  the  said  merchandise  thus  procured,  to  the  extent  and  of  the  fair 

and  reasonable  value  of  the  sum  of dollars ;  and  the  said 

firm  of received  the  said  property  of  the  ^•ahle  afore 

said  with  the  full  knowledge  on  the  part  of  the  said of  the 

insolvency  of  the  said   and  of  the  intent  of  the 

said to  hinder,  delay,  cheat  and  defraud  his  creditors  and 

pursuant  to  the  conspiracy  hereinbefore  set  forth. 

8.  That  the  said  transfers  were  made  by  the  said  to  the 

said in  manner  and  form  as  above  set  forth  and  not  other- 
wise, and  the  said  firm  of did  not  receive  the  same  in 

good  faith  and  did  not  then  and  there  pay  therefor  a  present,  fair  consideration 
or  any  consideration  whatever,  and  the  same  are  null  and  void  under  the 
National  Bankruptcy  Law  and  null  and  void  as  against  the  creditors  of  the 

said by  the  Laws  of  the  State  of And 

your  orator  avers  that  such  property  thus  transferred,  passes,  pursuant  to  said 
Bankruptcy  Law,  to  your  orator  and  brings  this  his  Bill  to  reclaim  and 
recover  the  same  for  the  benefit  of  the  creditors  of  the  said 

9.  And  your  orator  avers  that  the  assets  of  the  said in  his 

possession  as  trustee  are  not  sufficient  to  pay  the  creditors  of  the  said 

the  amounts  due  them  and  that  the  said  creditors  and  your  orator  are  without 
adequate  remedy  at  law  without  the  equitable  intervention  of  this  court,  unless 
this  court  shall  in  furtherance  of  a  decree  which  your  orator  seeks,  declare  the 

said  transfers  to  the  respondents   to  have  been  null  and 

void.     To  that  end  therefore  your  orator  prays : 

I.  That  the  said  respondents  ,   

and ,  be  made  respondents  to  this  Bill  and  compelled  to 

answer  each  and  every  allegation  therein  contained  but  not  under  oath  which 
is  waived,  as  fully  as  if  directly  interrogated  as  to  each. 

II.  That  it  may  be  decreed  and  adjudged  that  the  transfers  of  the  said 

property  made  by  the  said to  the  said  respondents 

and   ,  are  null  and  void  as  against  your  orator  as  trustee  in 

bankruptcy  of  the  said 

III.  That  it  may  be  decreed  and  adjudged  that  the  respondents  account  to 
your  orator  for  the  value  of  the  said  property  which  has  come  into  their  posses- 
sion as  set  forth  in  your  orator's  Bill  of  Complaint. 

IV.  That  your  orator  may  have  judgment  against  the  respondents  in  the 
sum  of dollars. 

May  it  please  your  Honor  to  grant  under  your  orator  a  subpoena  of  the 

United  States  of  America,  directed  to  the  said , 

and commanding  them  and  each  of  them  on  a  day  certain 

to  appear  and  answer  unto  this  Bill  of  Complaint  and  to  abide  by  and  perform 


468  FORMS  IN  BANKRUPTCY. 

such  order  and  decree  in  the  premises  as  the  court  shall  deem  proper  and 
required  by  the  practice  in  equity  and  good  conscience. 

> 

Solicitor  for  complainant, 
Office  and  P.  0.  Address, 

Street, 

City  of 

(Verification.) 

NOTES. 

Conspiracy  to  defraud. 

Sufficiency  of  bill. 

Strasbui-er  v.  Bach   (C.  C.  A.  7th  Cir.),  19  Am.  B.  R.  732;  157  Fed.  918;  85  C.  0. 
A.  246;  Ludvigh  v.  Am.  Woolen  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  795;  1S9  Fed.  796. 
When  action  not  maintainable. 
Friedman  v.  Myers  (Cir.  Ct.  Ohio),  19  Am.  B.  R.  883. 


FORMS  IN  BANKKUPTGY. 


469 


FORM  No.  298. 

ORDER   DIRECTING   ASSESSMENT    FOR    UNPAID    STOCK    SUBSCRIP- 

TIONS. 

At  a  Stated  Term  of  the  District  Court  of 

the  United  States  for  the    

District  of ,  held  at  the  Court 

House,  City  of ,  on  the 

day  of ,19... 

Present : 

Hon V,, , 

District  Judge, 


In  the  Matteb 

OF 


bankrupt. 


Upon  the  annexed  petition  of ,  verified >  19. ., 

the  adjudication  in  bankruptcy  and  all  the  proceedings  had  herein,  and  it 
appearing  to  my  satisfaction  that  the  assets  in  the  hands  of  the  said  trustee  are 
insuflficient  to  pay  the  debts  of  said  bankrupt  company,  duly  filed  and  allowed, 
and  on  motion  of ,  attorney  for  the  said  trustee,  it  is 

Ordered,  that  an  assessment  be  levied  upon  the  subscribers  to  the  capital 

stock  of  the Company  the  bankrupt  herein,  for  the  purpose 

of  paying  the  debts  of  said  bankrupt,  as  proved  and  allowed,  to  an  amount 
equal  to  the  unpaid  amounts  upon  their  said  several  stock  subscriptions. 

And  it  is  further  ordered,  that ,  the  trustee  in  bankruptcy 

herein,  be  and  he  hereby  is  authorized  and  directed  to  collect  the  said  assess- 
ment as  herein  ordered,  and  to  make  and  issue  a  call  upon  the  subscribers  to  the 
capital  stock  of  the  bankrupt  herein,  recjuiring  thom  to  pay  the  amount  remain- 
ing unpaid  upon  their  several  stock  subscriptions  to  said  trustee  on  or  before 

,19... 

And  it  is  further  ordered,  that  the  said  trustee  keep  an  accurate  account  of 
said  stock  subscriptions  so  collected  and  upon  the  payment  of  the  debts  of  said 
bankrupt,  as  proved  and  allowed,  to  return  the  residue,  if  any,  pro  rata  to  the 
persons  entitled  thereto. 


D.  J. 


470  FORMS  IN  BANKRUPTCY. 

NOTES. 

Action  to  recover  unpaid  Subscrptions  to  stock. 

Power  of  Court  to  order  assessment. 

In  re  Miller  Electrical  Maintenance  Co.,  6  Am.  B.  R.  701;   111  Fed.  515. 

In  re  Crystal  Spring  Bottling  Co.,  3  Am.  B.  R.  194;   96  Fed.  945. 

In  re  Eureka  Furniture  Co.   (D.  C.  Pa.),  22  Am.  B.  R.  395;   170  Fed.  485. 

Right  of  trustee  to  bring  action. 

In  re  Remington  Automobile  and  Motor  Co.  (D.  C.  N.  Y.),  9  Am.  B.  R.  533;  aflf'd, 
18  Am.  B.  R.  389 ;  153  Fed.  345. 

Allen  V.  Grant,  Trustee,  14  Am.  B.  R.  349. 

Thrall  v.  L'nion  Maid  Tobacco  Co.,  22  Am.  B.  R.  287. 

Skillin  V.  Magnus,  19  Am.  B.  R.  397;   162  Fed.  689. 

Petition  for  call. 

In  re  Remington  Auto  &  Motor  Co.  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  389;  153 
Fed.  345:  82  C.  C.  A.  421,  s    c,  15  Am.  B.  R.  214. 

In  re  Munger  Vehicle  Tire  Co.,  21  Am.  B.  R.  395. 

Clevenger  v.  Moore,  12  Am.  B.  R.  738. 

In  re  A.  Goodman  Shoe  Co.,  3  Am.  B.  R.  200. 

See,  Firestone  Tire  &  Rubber  Co.,  etc.,  v.  Agnew  (N.  Y.  Ct.  of  App.),  21  Am.  B.  R. 
292;  194  N.  Y.  165. 

Where  corporation  has  no  right  to  enforce,  trustee  has  none. 

Sternbergh  v.  Duryea  Power  Co.  (C.  C.  A.  3rd  Cir.),  20  Am.  B.  R.  625;  161  Fed. 
540;  88  C.  C.  A.  482. 

A  trustee  in  bankruptcy  cannot  maintain  an  action  under  N.  Y.  Stock  Corporation 
law  against  stockholders  for  a  balance  of  the  par  value  of  stock  issued  as  full  paid  for 
property  purchased,  but  not  so  in  fact. 

In  re  The  Jassoy  Company   (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  622;   178  Fed.  515. 

Dist'g  In  re  Remington  Automobile  Co.,  18  Am.  B.  R.  389;   153  Fed.  345. 

When  plenary  proceedings  are  necessary,  bankruptcy  court  may  leave  the  question 
of  amount  due  by  stockholders  to  court  in  which  suit  is  brought. 

Babbitt  v.  Read  (C.  C.  N.  Y.),  23  Am.  B.  R.  254. 


FORMS  IN  BANKRUPTCY. 


471 


FORM  No.  299. 

BILL  IN   EQUITY  IN   CIRCUIT   COURT   TO    RECOVER   UNPAID    STOCK 
SUBSCRIPTIONS   (DIVERSE   CITIZENSHIP). 

United  States  Circuit  Court, 

for  the District  of 

In  Equity. 


,  as  Trustee 

in  Bankruptcy  of , 

Company  Plaintiffs 

against 


and 


Defendants. 


To  the  Honorable,  the  Judge  of  the  Circuit  Court  of  the  United  States, 

for  the District  of : 

,  as  trustee  in  bankruptcy  of  the  estate  of  the 

Company,  bankrupt,  a  citizen  of  the  State  of ,  and  residing  in 

the  City  of ,  State  of ,  brings  this  his  bill 

of  complaint  against , , ,  all 

citizens  of  the  State  of ,  and ,  a  citizen  of  the 

State  of ,  and  thereupon  your  orator  complains  and  says : 

First:     That  the Company,  hereinafter  mentioned,  is  a 

^corporation  organized  and  existing  under  and  by  virtue  of  the  laws  of  the 

State  of ,  and  having  heretofore  had  at  the  time  of  its  adjudi- 

<;ation  in  bankruptcy,  its  principal  place  of  business  at  the  City  of 

State  of 

Second :     Your  orator  further  shows  and  alleges,  that  on  the day  of 

,  19 .  . ,  a  petition  of  creditors  of  said Company 

was  duly  filed  in  the  United  States  District  Court  for  the 

district  of ,  praying  that  the  said  company  be  adjudicated  a 

bankrupt,  and  such  proceedings  were  thereafter  had  that  on  the day  oP 

,  19 .  . ,  the  said   Company  was  duly 

adjudicated  a  bankrupt,  and  the  proceeding  was  referred  to , 

Esq.,  one  of  the  referees  in  bankruptcy  of  the  United  States  District  Court  for 
district  of That,  thereafter  at  the  first  meet- 
ing of  creditors  duly  held  before  the  said  referee  on  the  day  of 

>  19.  •,  your  orator  was  appointed  trustee  in  bankruptcy  of  the  said 


472  FORMS  IN  BANKRUPTCY. 

bankrupt  and  duly  qualified,  filed  his  bond  in  the  penalty  required  and  is  still 
acting  as  such  trustee. 

Third :  Your  orator  further  shows  and  alleges,  that  as  such  trustee  he  has 
collected  and  reduced  to  cash,  all  of  the  property,  assets  and  effects  of  the  said 
bankrupt,  other  than  the  unpaid  stock  subsciiptions,  and  that  said  moneys 
which  have  come  into  his  hands  as  trustee  and  belong  to  the  estate  in  bank- 
ruptcy, are  insufficient  to  pay  the  expenses  of  administration  and  that  no  part 
of  same  are  applicable  for  the  payment  of  the  debts  of  said  bankrupt,  or  any 
dividend  to  creditors  of  said  bankrupt,  and  that  no  dividend  has  heretofore 
been  paid. 

Fourth:  Your  orator  further  shows  and  alleges,  that  there  have  been  filed 
in  the  office  of  the  referee  in  bankruptcy  herein,  during  the  year  provided  and 
allowed  by  the  Bankruptcy  Act,  for  the  filing  of  claims,  claims  aggregating 

$ ,  which  said  claims  have  been  proved  and  allowed,  and 

that  the  time  in  which  to  file  claims  in  said  bankruptcy  proceeding  has  now 
expired. 

Fifth:  On  information  and  belief,  your  orator  further  shows  and  alleges, 
that  prior  to  the  organization  of  the Company,  the  bank- 
rupt above  named,  there  was  a  corporation  organized  and  existing  by  and  under 

the  laws  of  the  State  of   ,  known  as  the  " 

Company,"  of  which  corporation  all  of  the  defendants  herein,  with  other 

persons,  were  directors  and  stockholders.     A  re-organization  of  said 

Company  having  been  deemed  necessary,  the  defendants  with  other  stock- 
holders of  said  company,  consented  to  a  plan  of  re-organization,  which  provided 
for  the  payment  of  the  debts  of  the  said  company  and  that  all  interested 
financially  be  given  stock  in  a  new  corporation  all  on  the  same  basis,  and  in 
order  to  prevent  losses   which  would   result   through   a   liquidation   of   said 

Company,  and  to  save  the  costs  and  expenses  incident 

thereto,  that  the  directors  thereof  resign  and  agree  to  accept  stock  in  the  new 
company  to  be  formed.  That  all  of  the  defendants  herein  signed  and  executed 
in  writing  such  re-organization  agreement  and  thereafter  resigned  as  directors 

of  the Company  as  provided  by  said  plan.     That 

pursuant  to  such  re-organization,  on  or  about  the day  of , 

19..,   the   defendants   and   each   of   them,   executed   and   delivered   to   one 

,  the  promoter  thereof,  a  written  agreement,  a  copy  of  which 

is  hereto  annexed,  marked  Exhibit  "  A  "  and  made  a  part  of  this  bill. 

Sixth :     That  on  information  and  belief,  thereafter  and  on  or  about  the 

day  of  ,  19.  .,  pursuant  to  said  agreement.  Exhibit 

"  A,"  the  said Company,  mentioned  in  said  exhibit  was  duly 

organized  and  incorporated  under  the  laws  of  the  State  of ,  with 

an  authorized  capital  stock  of dollars  ($ ) 

consisting  of dollars  ($ )   per  cent, 

( .  .  %)  cumulative  preferred  stock,  and dollars  ($ ) 

common  stock ;  that  thereafter  and  prior  to ,  19. .,  said  stock 

subscription  agreement  (Exhibit  "  A  ")  was  duly  delivered  to  and  accepted  by 


FORMS  IN  BANKRUPTCY.  473 

said Company  and  the  stock  allotted  to  the  said  several 

subscribers  as  provided  by  the  terms  of  said  agreement  Exhibit  "  A."  and  the 
defendants  were  so  notified. 

Seventh :  On  information  and  belief,  your  orator  further  alleges  that  in 
reliance  upon  said  subscription  agreement  and  the  capital  thereby  provided  and 

assured,  the Company,  the  bankrupt  herein,  began 

active  operations  in  the  business  of  the  manufacture  and  sale  of 

and  incurred  debts  and  liabilities,  which  are  still  unpaid. 

Eighth:  That,  as  your  orator  is  informed  and  verily  believes,  the  defend- 
ants, though  frequently  requested  so  to  do,  have  failed  and  refused  to  pay  to 
said  corporation  the  amounts  of  their  several  stock  subscriptions,  except,  as 

your  orator  is  informed  and  verily  believes,  the  defendant has  paid 

thereon  the  sum  of  $ ,  the  defendant the  sum  of 

$ ,  and  have  received  stock  therefor.     That  the  time  provided  in 

said  stock  subscription  agreement  since  notice  of  allotment  and  call  has  long 
since  expired.     That  the  amounts  remaining  unpaid  upon  subscriptions  to  the 

stock  of  the Company,  bankrupt,  are  as  follows : 

,  defendant,  $ 


Total  $ 

Ninth :  That,  upon  information  and  belief,  the  said Com- 
pany was  at  all  the  times  aforesaid,  ready,  willing  and  able  to  deliver  to  each 
of  the  defendants  upon  payment  therefor,  the  balance  of  said  stock  subscribed 
for,  and  so  notified  each  of  said  defendants. 

Tenth:     Your  orator  further  alleges  and  shows,  that  upon  the  petition  of 

your  orator,  duly  verified,  the  United  States  District  Court  for  the 

District  of ,  made  an  order,  dated  the day  of , 

19.  .,  ordering  and  directing  that  an  assessment  be  levied  upon  the  subscribers 
to  the  capital  stock  of  said  bankrupt  company  for  the  purpose  of  paying  the 
debts  of  said  bankrui:)t,  as  proved  and  allowed  in  said  bankruptcy  proceeding  to 
an  amount  equal  to  the  unpaid  amounts  upon  the  several  stock  subscriptions 
and  directing  the  trustee  to  make  a  call  for  same  and  requiring  payment 

thereof  on  or  before ,  19.  .,  a  copy  of  which  order  is  hereto 

annexed,  marked  Exhibit  "  B."  That  pursuant  to  said  order,  your  orator 
made  and  issued  such  call  to  each  subscriber  to  the  capital  stock  of  said  bank- 
rupt upon  whose  subscription  there  remained  a  balance  unpaid,  annexing  there- 
with a  copy  of  said  order  of ,  19.  .,  above  mentioned.     That 

said  call  was  duly  so  made  upon  each  of  the  defendants  herein.  That  all  and 
each  of  said  defendants  have  neglected  and  refused  to  obey  said  order  and  have 
paid  no  part  of  the  assessment  ordered  and  directed  by  said  bankruptcy  court, 
and  the  time  to  comply  with  said  order  has  now  expired. 

In  consideration  whereof,  and  forasmuch  as  your  orator  has  no  adequate  re- 


474  FORMS  IN  BANKRUPTCY. 

lief  at  law  but  only  in  a  court  of  equity,  where  the  amount  of  each  defendant's 
liability  can  be  fixed  and  determined  and  where  matters  of  this  and  a  similar 
nature  are  properly  cognizable  and  relievable, 

Wherefore,  that  your  orator  may  have  that  relief  which  he  can  only  obtain 
in  a  court  of  equity  and  that  the  said  defendants  may  answer  in  the  premises, 
but  not  upon  oath  or  affirmation,  the  benefit  whereof  is  expressly  waived  by 
your  orator,  he  nov»-  prays  this  court : 

First:  That  it  be  ordered,  adjudged  and  decreed  that  the  defendants,  and 
each  of  them,  pay  to  the  plaintiff  such  several  amounts  upon  their  unpaid 

subscriptions  to  the  capital  stock  of  the Company,  bankrupt, 

sufficient  in  the  aggregate  to  pay  the  debts  of  said  company,  amounting  to 
$ ,  and  the  costs  and  expenses  of  this  action. 

Second:  That  the  plaintijBF  have  judgment  against  the  defendants,  and 
each  of  them,  for  such  unpaid  stock  subscriptions  or  for  such  part  thereof  as 

may  be  sufficient  to  pay  the  said  debts  of  the   Company, 

bankrupt,  and  the  costs  and  expenses  of  this  action. 

Third :  That  your  orator  may  have  such  further  and  other  relief  and 
decree  in  the  premises  as  to  the  court  may  seem  proper  and  required  by  the 
principles  of  equity  and  good  conscience.  And  may  it  please  your  Honor  to 
grant  unto  your  orator  a  writ  of  subpoena  of  the  United  States  of  America, 

directed  to  the  said  defendants, , , , 

and   ,  and  such  others  as  shall  in  the  discretion  of  your 

Honor,  appear  necessary  to  the  determination  and  hearing  of  this  case,  com- 
manding them  on  a  day  certain  to  appear  and  answer  unto  this  bill  of  com- 
plaint and  to  abide  and  perform  such  order  and  decree  in  the  premises  as  to  the 
court  shall  seem  proper  and  required  by  the  principles  of  equity  and  good 
conscience. 


Solicitor  and  attorney  for  plaintiff, 
Office  and  Post  office  address, 


City  of 
(Verification.) 
[Add  exhibits.] 


FORMS  IN  BANKKUPTCY.  475 


FORM  No.  300. 

REPLICATION  BY  TRUSTEE  IN  EQUITY  SUIT. 

District  Court  of  the  United  States, 
District  of 

In  Equity. 
The  complainant  saving  and  reserving  to  himself  any  and  all  manner  of 
advantage  of  exception  which  may  be  had  and  taken  to  the  manifold  errors, 

uncertainties  and  insufficiences  of  the  answer  of  the  respondent 

for  replication  thereto,  saith  that  he  doth  and  will  aver,  maintain  and  prove 
his  said  bill  to  be  true,  certain  and  sufficient  in  law  to  be  answered  unto  by  the 
said  respondent  and  that  the  said  answer  of  the  said  respondent  is  very  uncer- 
tain, evasive  and  insufficient  in  law  to  be  replied  unto  by  this  complainant : 
without  that,  that  any  other  matter  or  thing  in  said  answer  contained  material 
or  effectual  in  the  law  to  be  replied  unto  and  not  herein  and  hereby  well  and 
sufficiently  replied  unto,  confessed  or  avoided,  traversed  or  denied  is  true,  all 
which  matters  and  things  this  complainant  is  ready  to  aver,  maintain  and 
prove  as  this  Honorable  Court  shall  direct  and  humbly  prays  as  in  and  by  his 
said  bill  he  hath  already  prayed. 

» 

Solicitor  for  complainant, 
Office  and  P.  0.  address, 

Street, 

City  of 


TITLE  XIV. 

APPEALS,  PETITIOKS  TO  REVIEW,  WRITS  OF  ERROR. 


FOBM  No.  301.  Notice  of  Appeal. 

302.  Petition  for  Appeal  to  Circuit  Court  of  Appeals,  from  Order  deny- 

ing a  Discharge,  and  Order  allowing  Same. 

303.  Citation. 

304.  Assignment  of  Errors. 

305.  Bond  on  Appeal. 

306.  Notice  of  filing  of  Bond. 

307.  Stipulation  as  to  Eecord. 

308.  Certification  of  Record  by  Clerk. 

309.  Appearance  by  Counsel. 

310.  Order  amending  Record  on  Appeal. 

311.  Order  directing  Printing. 

312.  Petition  to  restore  Appeal  to  Calendar. 

313.  Notice  of  Motion  thereon. 

314.  Order  for  Mandate. 

315.  Mandate. 

316.  Affidavit  to  make  Mandate  the  Order  of  Lower  Court. 

317.  Notice  of  Motion  thereon. 

318.  Order  on  Mandate. 

319.  Petition  to  Review  under  Section  24   (b). 

320.  Notice  of  filing. 

321  Notice  of  Motion  for  stay  pending  Review. 

322.  Petition  for  Appeal  to  U.  S.  Supreme  Court. 

323.  Order  allowing  Appeal. 

324.  Petition  for  Writ   of  Error  to   U.   S.   Supreme  Court  and   Order 

allowing  same. 

325.  Writ  of  Error  from  Supreme  Court. 

326.  Certificate   of  Question   by   Circuit   Court   of  Appeals  to   Supreme 

Court. 

FORM  No.  301. 

NOTICE   OF  APPEAL, 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


Bankrupt. 


Sir: 

Please  ta^.o  notice  that .,  bankrupt  herein  (or  creditor  of 

470 


FORMS  IN  BANKRUPTCY.  477 

said  bankrupt)  hereby  appeals  from  the  order  (or  final  decree)  made  herein  on 

the day  of ,  19.  .,  denying  (or  granting)  a  discharge 

in  bankruptcy  to   ,  to  the  Circuit  Court  of  Appeals  for 

the  circuit  to  be  holden  in  and  for  said  circuit  at  the 

City  of 

Dated , , , ,19..., 

Yours,  etc., 
Attorney  for  bankrupt,  {or  creditor.) 
(Address.) 

To Esq., 

Attorney  for , 

Esq., 

Clerk  of  the  District  Court, 
District  of 


FORM  No.  302. 

PETITION    FOR    APPEAL    TO    CIRCUIT    COURT    OF    APPEALS    FROM 
ORDER  DENYING  A  DISCHARGE  AND  ORDER  ALLOWING  SAME. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OP 


Bankrupt. 


>    No. 


To  the  Honorable District  Judge  of  the  United  States 

District  Court  for  the District  of : 

The  above  named  bankrupt,  conceiving  himself  aggrieved  by  the  final  order 

and  decree  entered  on  the   ....  day  of  ,  19.  .,  in  the  above  entitled 

prococdin<r.  dismissing  the  petition  and  application  for  discharge,  and  denying 
the  said  bankrupt  a  discharge  in  bankruptcy  from  his  debts,  does  hereby 
petition  for  an  appeal  from  the  said  order  and  decree  to  the  United  States 

Circuit  Court  of  Appeals  for  the Circuit,  and  prays  that  his 

appeal  may  be  allowed  and  a  citation  granted,  directed  to , 

and   objecting 

creditors,  commanding  them  and  each  of  them  to  appear  before  the  United 

States  Circuit  Court  of  Appeals  for  the Circuit,  to  do  and 

receive  what  may  appertain  to  justice  to  be  done  in  the  premises,  and  that  a 
transcript  of  the  records,  proceedings  and  evidence  in  said  proceeding,  duly 


478  FORMS  IN  BANKRUPTCY. 

authenticated,  may  be  transmitted  to  the  United  States  Circuit  Court  of  Ap- 
peals for  the Circuit. 


I 


The  foregoing  appeal  is  hereby  allowed. 
Bated ,19... 


Bankrupt. 

' J 

Solicitor  for  hanlcrupt. 


D.J. 

NOTES. 

Appeals  under  sec.  24-a. 

"  Controversies  Arising  in  Bankruptcy  Proceedings." 

Smith  V.  Means  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  433;  148  Fed.  89;  78  C.  C.  A.  10. 

In  re  Friend  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  595;  134  Fed.  778;  67  C.  C.  A.  500. 

Hinds  V.  Moore  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  1 ;  134  Fed.  221;  67  C.  C.  A.  149. 

Doroshow  v.  Ott  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  34;  134  Fed.  740;  67  C.  C.  A. 
644. 

Hutchinson  v.  Otis,  10  Am.  B.  R.  135;   190  U.  S.  552. 

Burleigh  v.  Forman  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  74;  125  Fed.  217;  60  C.  C. 
A.  109;  In  re  First  Nat.  Bank  of  Canton  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  180;  135 
Fed.  62;  67  C.  C.  A.  536. 

Liddon  &  Bro.  v.  Smith  (C.  C.  A.  .'ith  Cir.),  14  Am.  B.  R.  204;  135  Fed.  43;  67 
C.  C.  A.  517. 

Delta  Nat.  Bank  v.  Easterbrook  (C.  C.  A.  5th  Cir.),  13  Am.  B.  R.  338;  133  Fed. 
521 ;  67  C.  C.  A.  236 ;  writ  of  certiorari  denied,  200  U.  S.  620 ;  50  L.  Ed.  624. 

Mason  v.  Wolkowich  (C.  C  A.  1st  Cir.),  17  Am.  B.  R.  709;  150  Fed.  699;  80  C. 
C.  A.  435. 

McCarty  v.  Coffin  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  148;  150  Fed.  307;  80  C.  C. 
A.  195;  Security  Warehousing  Co.  v.  Hand,  19  Am.  B.  R.  291;  206  U.  S.  415;  51  L. 
Ed.  1117;  aff'g  16  Am.  B.  R.  49;   143  Fed.  32. 

In  re  Doran   (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  760;  154  Fed.  467;  83  C.  C.  A.  265. 

An  order  removing  bankruptcy  proceeding  from  one  district  to  another  review- 
able only  by  appeal. 

Kyle  Lumber  Co.  v.  Bush  (C.  C.  A.  5th  Cir.),  13  Am.  B.  R.  335;  133  Fed.  688;  66 
C.  C.  A.  592. 

A  decree  summarily  adjudicating  the  right  to  property  in  the  possession  of  a 
trustee  as  between  him  and  adverse  claimants. 

Mound  Mines  Co.  v.  Ha^vthorn  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  242;  173  Fed.  882. 

Order  directing  sale  of  property  free  and  clear  of  liens  and  determining  claims 
thereto  appealable  under  this  section. 

Thomas  v.  Woods   (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  132;  173  Fed.  585. 

Appeals  as  in  equity  cases.     Sec.  25  (a). 
General  Order  XXXVI.  (1). 

(1)  from  a  judgment  adjudging  or  refusing  to  adjudge  the  defendant  a  bankrupt. 

(2)  from  a  judgment  granting  or  denying  a  discharge. 

(3)  from  a  judgment  allowing  or  rejecting  a  debt  or  claim  of  five  hundred  dollars  or 


FORMS  IN  BANKRUPTCY.  479 

Jurisdiction. 

As  to  these  three  classes  of  judgments,  jurisdiction  by  appeal  exclusive. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  135;  147 
Fed.  475;  78  C.  C.  A.  17. 

Davidson  &  Co.  v.  Friedman  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  489;  140  Fed.  853;  73 
C.  C.  A.  553. 

In  re  Kuffler  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  469;  127  Fed.  125;  61  C.  C.  A.  259. 

1st  Nafl  Bank  of  Miles  City  v.  State  Nat'l  Bank  (C.  C.  A.  9th  Cir.),  12  Am.  B.  R.  440; 
'131  Fed.  430;  65  C.  C.  A.  406. 

In  re  Good  (C.  C.  A.  8th  Cir.),  3  Am.  B.  R.  605;  99  Fed.  389;  39  C.  C.  A.  581. 

Facts  and  law  are  reviewable  on  appeal. 

Whole  case  open  to  review. 

Merchants'  Nat.  Bank,  etc.  v.  Cole  Adm.  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  44;  149 
Fed.  708 ;  79  C.  C.  A.  414. 

Ross  V.  Stroh  (C.  C.  A.  3rd  Cir.),  21  Am.  B.  R.  644;  165  Fed.  628;  91  C.  C.  A.  616. 

Appellate  court  will  not  interfere  with  findings  of  fact  unless  clearly  erroneous. 

In  re  Noyes  Bros.  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  .506;  127  Fed.  286;  62 C.  C.  A.  218. 

In  re  Lawrence  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  798;  134  Fed.  843;  67  C.  C.  A.  617. 

Dodge  V.  Norlin  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  17G;  133  Fed.  363;  66  C.  C.  A. 
425. 

Coder  v.  Arts   (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  513;  1.52  Fed.  943;  82  C.  C.  A.  91. 

But  if  judgment  is  entered  on  the  verdict  of  a  jury,  it  is  conelusive  as  to  facts. 

Elliott  V.  Toeppner,  9  Am.  B.  R.  50;  187  U.  S.  327;  47  L.  Ed.  200;  Bower  v. 
Holzworth   (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  22;  138  Fed.  28;  70  C.  C.  A.  396. 

Right  of  appeal  absolute,  and  can  neither  be  enlarged  nor  restricted  by  District  or 
Appellate  Court. 

In  re  Whitener  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  198;  105  Fed.  180;  44  C.  C.  A. 
434. 

Lockman  v.  Lang  (C.  C.  A.  8th  Cir.),  12  Am.  B.  R.  497,  501;  132  Fed.  1;  65 
C.  C.  A.  621. 

Even  though  question  of  jurisdiction  was  raised. 

Columbia  Iron  Works  v.  Nat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340; 
127  Fed.  99;  62  C.  C.  A.  99. 

First  Nat.  Bank  of  Denver  v.  King,  8  Am.  B.  R.  12:  186  U.  S.  202;  46  L.  Ed.  1127. 

Appeals  from  judgments  granting  or  refusing  adjudication. 

Taft  Co.  V.  Century  Sav.  Bank  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  594;  141  Fed. 
309;  72  C.  C.  A.  671. 

Zugalla  V.  Mercantile  Agency  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  67;  142  Fed.  927; 
74  C.  C.  A.  97. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell    (supra). 

Compare. 

In  re  Neasmith  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  128;  147  Fed.  160;  77  C.  C.  A. 
402. 

Judgments  allowing  or  rejecting  debt  or  claim  of  $500  or  over. 

In  re  Dickson  (C.  C.  A.  1st  Cir.),  7  Am.  B.  R.  186;  111  Fed.  726;  49  C.  C.  A.  574.  In 
re  Groetzinger  (C.  C.  A.  3rd  Cir.),  11  Am.  B.  R.  467;  ^27  Fed.  124;  62  C.  C.  A.  492. 

Postlethwaite,  Trustee,  etc.,  v.  Hicks  (C.  C.  A.  4t"h  Cir.),  21  Am.  B.  R.  70;  165  Fed. 
897;  91  CCA.  575. 

In  re  Mueller,  Trustee,  etc.  (C.  C  A.  6th  Cir.),  14  Am.  B.  R.  256  ;  135  Fed.  711 ;  68 
C  C.  A.  349. 

Gray  v.  Grand  Forks  Mercantile  Co.  et  al.  ;  14  Am.  B.  R.  780 ;  138  Fed.  344  ;  70 
CCA.  634. 

Limited  to  money  demand. 


480  FORMS  IN  BANKRUPTCY. 

In  re  Whitener  (C.  C.  A.  5th  Cir),  5  Am.  B.  R.  198;  105  Fed.  180 ;  44  C.  C.  A.  434. 

Includes  an  order  fixing  amount  due  on  a  secured  claim. 

In  re  Roche  (C.  C.  A.  5th  Cir.),  4  Am.  B.  R.  369;  101  Fed.  956  ;  42  C.  C.  A.  115. 

A  judgment  confining  or  rejecting  a  composition  is  a  judgment  granting  or 
refusing  a  discharge,  and  is  thereupon  reviewable  by  appeal. 

In  re  Friend   (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  595;   131  Fed.  778;   67  C.  C.  A. 

500. 

U.  S.  ex  rel.  Adler  v.  Hammond  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  730;  104  Fed. 
862;  44  C.  C  A.  229;  Ross  v.  Saunders  (C.  C.  A.  Ist  Cir.),  5  Am.  B.  R.  350;  105  Fed.' 
915:   45  C.  C.  A.   123. 

Where  referee  passed  upon  only  one  of  a  number  of  objections  filed  to  the  dis- 
charge of  a  bankrupt  which  he  sustained,  and  his  report  -was  confirmed  by  district 
court  an  appeal  from  the  order  denying  the  discharge  brings  such  objection  only  before 
the  appellate  court. 

Vehon  v.  Ullman  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  435;  147  Fed.  694;  78 
C.   C.  A.  84. 

Order  dismissing  petition  in  bankruptcy,  on  ground  of  failure  to  allege  jurisdic- 
tional facts  appealable  as  in  efTect  a  judgment  refusing  an  adjudication. 

Stevens  v.  Nave-McCord  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  609; 
150  Fed.  71 ;  80  C.  C.  A.  25. 

So,  also,  order  dismissing  an  application  for  discharge  for  want  of  prosecution. 

In  re  Kuffler  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  469;  127  Fed.  125;  61  C.  C.  A. 
259;  In  re  Semons  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  822;  140  Fed.  989;  72  C.  C.  A.  683. 

What  not  appealable. 

An  appeal  will  not  lie  under  this  section  from  an  order  sustaining  a  demurrer  to  a 
petition  to  vacate  an  adjudication. 

In  re  Ives  (C.  C.  A.  6th  Cir.),  7  Am.  B.  R.  692;  113  Fed.  911;  51  C.  C.  A.  541; 
aff'g  111  Fed.  495. 

Nor  from  an  order  requiring  a  trustee  to  account  for  rental  value  of  property, 
which  the  trustee  allowed  bankrupt  to  use  without  compensation. 

Bank  of  Clinton  v.  Kondert,  20  Am.  B.  R.  178;  159  Fed.  703;  86  C.  C.  A.  571. 

A  decree  rendered  upon  a  petition  asserting  a  lien  on  the  proceeds  of  a  sale  of  a 
stock  exchange  seat,  not  appealable  within  subdivision  3  of  25-a. 

Hutchinson  v.  Otis    (supra). 

An  order  refusing  to  vacate  an  adjudication  in  bankruptcy  not  appealable,  but 
reviewable  under  sec.  24-b,  as  an  administrative  order. 

Brady  v.  Bernard  &  Kittinger  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  342;  170  Fed.  576, 

An  order  directing  the  turning  over  of  property  or  money  by  a  third  person  to  a 
trustee,  not  reviewable  by  appeal. 

In  re  Rose  Shoe  Mfg.  Co.   (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  725. 

A  claim  for  attorney's  fees  and  expenses  incurred  in  administration  of  estate,  or 
by  creditors  in  contesting  claims,  not  appealable. 

Ohio  Valley  Bank  Co.  v.  Switzer  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  689;  153  Fed. 
362:   82  C.  C.  A.  438. 

See,   Pratt  v.  Bothe    (C.  C.   A.   6th  Cir.),   12  Am.   B.   R.   529;    130  Fed.   670;    65 
C.  C.  A.  48. 

Nor  from  an  order  adjudging  appellant  a  member  of  a  partnership,  which  has  been 
adjudged  a  bankrupt. 

Francis  v.  McNeal   (C.  C.  A.  3rd  Cir.),  22  Am.  B.  R.  337;  170  Fed.  445. 

An  order  dismissing  a  petition  for  revocation  of  a  discharge,  not  appealable. 

Thompson  v.  Mauzy  (C.  C.  A.  4th  Cir.),  23  Am.  B.  R.  489;  174  Fed.  611. 

An  interlocutory  order  of  referee,  not  appealable. 

Goodman  v.  Brenner,  6  Am.  B.  R.  470. 


FORMS  IN  BANKRUPTCY.  481 

Time  of  taking  appeal. 

Fixsd  at  ten  days. 

When  District  Court  may  grant  re-argument. 

In  re  Wright,  3'  Am.  B.  R.  184;  9G  Fed.  820,  s  c,  on  appeal  sub  nom.  In  re 
Worcester  Co.  (C.  C.  A.  1st  Cir.),  4  Am.  B.  R.  496;  102  Fed.  808;  42  C.  C.  A.  637;  In 
re  McCall   (C.  C.  A.  fith  Cir.),  16  Am.  B.  R.  670;  145  Fed.  898;  76  C.  C.  A.  430. 

Postlethwaite  v.  Hicks  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  70;  165  Fed.  897;  91 
C.  C.  A.  575;  In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 

See,  Mills  v.  J.  H.  Fisher  &  Co.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  237;  150  Fed. 
897;  87  C.  C.  A.  77. 

Rehearing  for  purpose  of  reviving  right  of  appeal,  not  allowed. 

In  re  Girard  Glazed  Kid  Co.,  12  Am.  B.  R.  295;  129  Fed.  841;  In  re  Hudson 
Clothing  Co.,  15  Am.  B.  R.  254;   140  Fed.  49. 

Morgan  v.  Benedum  (C.  C.  A.  4th  Cir.),  19  Am.  B.  R.  601;  157  Fed.  232;  84 
C.   C.  A.   675. 

West  V.  W.  A.  McLaughlin  &  Co's.  Trustee  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  654; 
162  Fed.  124 ;  89  C.  C.  A.  124. 

Nor  by  subsequent  entry  of  an  alias  adjudication. 

In  re  Berkebile  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  277;  144  Fed.  577;  75  C.  C.  A. 
333.' 

Time  begins  to  run  from  actual  entry  of  order  or  judgment. 

In  re  McCall   (C.  C.  A.  6th  Cir.),.  (supra). 

While  appeal  is  pending,  District  Court  has  no  jurisdiction  to  act  upon  a  petition 
for    a    rehearing. 

First  Nat.  Bank  of  Miles  City  v.  State  Nat.  Bank,  12  Am.  B.  R.  440;  131  Fed. 
430;    65  C.  C.  A.  406. 

Limitation  does  not  affect  appeals  in  independent  suits  to  recover  assets. 

Boonville,  etc.,  v.  Blakey  (C.  C.  A.  7th  Cir.),  6  Am.  B.  R.  13;  107  Fed.  891;  47 
C.   C.   A.  4.3. 

Steele  v.  Buel  (C.  C.  A.  8th  Cir.),  5  Am.  B.  R.  105;  104  Fed.  968;  44  C.  C.  A.  287. 

Stelling  V.  Jones  Lumber  Co.  (C.  C  A.  7th  Cir.),  8  Am.  B.  R.  521;  116  Fed.  201; 
53  C.  C.  A.  81. 

Parties. 

Alust  be  taken  by  party  aggrieved. 

All  parties  aggrieved  by  final  order  or  judgment  may  join  in  an  appeal,  although 
upon   different  grounds. 

Stevens  v.  Nave-McCord  Co.   (supra). 

Crim  v.  Woodford  (C.  C.  A.  4th  Cir.),  14  Am.  B.  R.  302;  136  Fed.  34;  68  C.  C.  A. 
584. 

Where  creditors,  as  a  whole,  are  aggrieved,  trustee  should  appeal  as  their  repre- 
sentative. 

Foreman  v.  Burleigli  (C.  C.  A.  1st  Cir.),  6  Am.  B.  R.  230;  109  Fed.  313;  48 
C.   C.   A.   376. 

If  trustee  neglects  or  refuses.  Court  may  direct  that  he  so  appeal,  or  may  permit 
creditor  to  do  so. 

Ohio  Valley  Bank  Co.  v.  Mack  et  al.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  40;  163 
Fed.  1,55;  89  C.  C.  A.  605;  McDaniel  v.  Stroud  (C.  C.  A.  4th  Cir.),  5  Am.  B.  R.  685; 
106  Fed.  486;  45  C.  C.  A.  446;  Foreman  v.  Burleigh    (supra). 

Practice  on  appeals. 

Conforms  to  oilier  appeals  in  equity  to  circuit  court  of  appeals. 

In  re  Robertshaw  Co.,  14  Am.  B.  R.  .341;    13.'>  Fed.  220. 


482  FORMS  IN  BANKRUPTCY. 

Instituted  by  petition,  assignment  of  errors  and  a  citation  to  opposite  party. 

Lockman  v.  Lang  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  597;  128  Fed.  279;  62  C.  C.  A. 
550;  s.  c,  12  Am.  B.  R.  497;  132  Fed.  1 ;  65  C.  C.  A.  621. 

No  appeal  allowed  until  an  assignment  of  errors,  which  shall  set  out  separately 
and  particularly  each  error  asserted  and  intended  to  be  urged,  shall  have  been  filed  is 
rule  in  Circuit  Court  of  Appeals. 

Appeal  may  be  allowed  either  by  judge  in  lower  court  or  of  court  of  appeals. 

Motion  to  dismiss  appeal. 

In  re  Alden  Electric  Co.  (C.  C.  A.  7th  Cir.),  10  Am.  B.  R.  370;  123  Fed.  415;  59 
C.  C.  A.  509. 

Failure  to  incorporate  any  evidence  in  record,  not  ground  for  dismissal  where  it 
does  not  appear  from  the  record  that  any  evidence  was  taken. 

C.  C.  Taft  Co.  V.  Century  Saving  Bank  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  594; 
141  Fed.  369;  72  C.  C.  A.  671. 


FORM  No.  303. 

CITATION  ON  APPEAL. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matteb 

OF 


JBankrupt. 


ITnited  States  of  America,  ss. 


V    No. 


The  President  of  the  United  States  to , 

Greeting: 

You  and  each  of  you  are  hereby  cited  and  admonished  to  appear  in  the 

United  States  Circuit  Court  of  Appeals  for  the Circuit,  in  the 

City  of ,  on  the day  of ,  19 .  . .  pursuant  to  the 

appeal  duly  obtained  and  filed  in  the  Clerk's  Office  of  the  District  Court  of  the 

United  States  for  the District  of ,  wherein 

you  as  objecting  creditors  are  appellees  and  ,  bankrupt, 

is  the  appellant,  to  show  cause,  if  any  there  be,  why  the  order  and  decree  in 


FORMS  IN  BANKRUPTCY.  483 

said  appeal  mentioned,  should  not  be  reversed  and  corrected,  and  why  speedy 
justice  should  not  be  done  to  the  parties  in  that  behalf,  and  to  do  and 
receive  that  may  appertain  to  justice  to  be  done  in  the  premises. 

Witness,  the  Honorable ,  United  States  Judge  for  the 

District  of ,  on  the  ....  day  of , 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and 

> 

J. 
NOTES. 

Citation. 

U.  S.  R.  S.  Sees.  998,  999. 

Jacobs  V.  George,  150  U.  S.  415;  37  L.  Ed.  1127. 

May  be  waived. 

Locknian  v.  Lang  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  597;  128  Fed.  279. 

In  re  Hill  Co.  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  517;  148  Fed.  832;  78  C.  C.  A.  522. 

Defects  in  may  be  cured. 

Gray  v.  Grand  Forks,  etc.,  Mercantile  Co.  (C.  C  A.  8th  Cir.),  14  Am.  B.  R.  780; 
138  Fed.  344;  70  C.  C.  A.  634. 

Columbia  Iron  Works  v.  Nat.  lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340;  127 
Fed.  99;  62  C.  C.  A.  99. 


484  FORMS  IN  BANKRUPTCY. 


FORM  No.  304. 

ASSIGNMENT  OF  ERRORS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matteb 

OF 


Bankrupt. 


r    No. 


Now  comes    ,  bankrupt  and  complainant,  and  files  the 

following  assignment  of  errors: 

First.  That  the  United  States  District  Court  for  the Dis- 
trict of erred  in  finding  that  the  bankrupt  failed  to  apply  timely 

for  a  discharge  in  the  earlier  involuntary  proceeding  instituted  against  him. 

Second.  That  the  Court  erred  in  finding  that  such  alleged  failure  to  apply 
for  a  discharge  in  the  earlier  proceeding  rendered  the  question  of  the  right  of 
the  bankrupt  to  a  discharge  herein  from  his  debts  then  scheduled,  res 
adjudicata. 

Third.  That  the  Court  erred  in  denying  a  discharge  herein  to  the  said 
bankrupt. 

Fourtli.  That  the  Court  erred  in  failing  to  find  that  the  bankrupt  should 
be  granted  a  discharge  from  his  debts  unless  and  except  he  has  committed  an 
offense  or  performed  one  of  the  acts  specified  and  set  forth  in  Section  14  of  the 
United  States  Bankruptcy  Act,  and  the  amendments  thereto,  and  that  the 
Court  is  not  authorized  to  extend  the  provisions  of  that  section  and  refuse 
a  discharge  upon  any  other  grounds  than  those  therein  set  forth. 


Solicitor  for  hanJcrupt. 
NOTES. 

Assignment  of  errors. 

Not  jurisdictional,  Lockman  v.  Lang  et  al   {infra). 
On  appeal  should  be  specific;  but  amendment  may  be  permitted. 
Flickenper  v.  First  Nat.  Bank  of  Vandalia  (C.  C.  A.  6th  Cir.),  16  Am.  B.  E.  678; 
14.5  Fed.   162;   76  C.  C.  A.   132. 


FORMS  IN  BANKRUPTCY. 


485 


Filing  considered. 

Lockman  v.  Lang  et  al.,  12  Am.  B.  R.  497 ;  132  Fed.  1 ;  62  C.  C.  A.  550. 

And,  also,  s.  c,  11  Am.  B.  R.  597;   128  Fed.  279. 

Errors  not  specifically  assigned,  need  not  be  considered  by  appellate  court. 

Boonville,  etc.,  v.  Blakey,  6  Am.  B.  R.  13;  107  Fed.  891;  47  C.  C.  A.  43;  In  re 
Gutterson,  14  Am.  B.  R.  495;   136  Fed.  698. 

Under  some  circumstances  an  assignment  of  errors  is  amendable. 

Flickinger  v.  First  Nat.  Bank   (supra). 

Long  V.  Farmers'  State  Bank  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  103;  147  Fed. 
360;  77  C.  C.  A.  538. 


FORM  No.  305. 


BOND   ON  APPEAL. 


District  Court  of  the  United  States, 

District  of 

In  Bankruptcy. 


In  the  Matter 
OP 


bankrupt. 


y    No. 


Know  all  men  by  these  presents: 

That  we, as  principal,  and , 

as  surety  are  held  and  firmly  bound  unto  the  above  named , 

of ,  in  the  sum  of for 

the  payment  of  which  well  and  truly  to  be  made  we  bind  ourselves,  our 
administrators,  successors  and  assigns,  jointly  and  severally,  firmly  by  these 
presents. 

Sealed  with  our  seals,  and  dated  this day  of , 

19... 

Whereas,  an  order  was  entered  in  the  above  entitled  proceeding  in  the  Dis- 
trict Court  of  the  United  States, District  of , 

on  the day  of ,  allowing  an  appeal  to  and  a 

revision  of  the  above  entitled  proceeding  by  the  United  States  Circuit  Court 

of  Appeals  for  the    Circuit  from   said  order  and  decree  and 

ordering  that  a  bond  for  costs  on  appeal  and  revision  be  fixed  in  the  sum  of 


486  FORMS  IN  BANKRUPTCY. 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the  above 

named  shall  prosecute  his  appeal,  or  petition 

for  revision  to  effect,  and  answer  all  damages  and  costs  if  he  fails  to  make  said 
appeal,  or  petition  for  revision  good,  then  this  obligation  shall  be  void,  other- 
wise the  same  shall  be  and  remain  in  full  force  and  virtue. 
Signed,  Sealed  and  Delivered 
in  the  presence  of 

L.  S. 

"By  '.., 

Manager. 
Attest : , 

A  ttorney-in-Fact. 

NOTES. 

Bond  on  appeal. 

Bond  must,  on  perfection  of  appeal,  be  filed  and  approved. 

Williams  Bros.  v.  Savage  (C.  C.  A.  4th  Cir.),  9  Am.  B.  R.  720;  120  Fed.  497;  56 
C.  C.  A.  647. 

Dodge  V.  Knowles,  114  U.  S.  430;  29  L.  Ed.  144. 

Lockman  v.  Lang  et  al.,  12  Am.  B.  R.  497;  132  Fed.  1 ;  62  C.  C.  A.  550;  In  re 
Barton's  Estate,  16  Am.  B.  R.  569;   144  Fed.  540. 

Trustee  need  not  file   (Sec.  25,  c). 

When  appeal  is  allowed  within  time  limit,  it  will  not  be  dismissed  because  of  a 
few  days'  dehiy  in  filing  the  bond. 

Columbia  Iron  Works  v.  Nat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340;  127 
Fed.  99;  62  C.  C.  A.  99;  In  re  T.  E.  Hill  Co.,  17  Am.  B.  R.  517;  148  Fed.  832;  78 
C.  C.  A.  522. 

Bond  on  appeal  from  order  of  adjudication  held  suflScient,  although  it  does  not 
run  to  all  the  petitioning  creditors. 

Flickinger  v.  First  Nat.  Bank  (C.  C.  A.  6th  Cir),  16  Am.  B.  R.  678;  145  Fed.  162; 
76  C.  C.  A.  132. 

Without  a  supersedeas,  appeal  does  not  suspend  the  execution  of  an  order  nor 
stop  its  enforcement. 

In  re  Brady,  21  Am.  B.  R.  364. 


FORMS  IN  BANKRUPTCY. 


487 


FORM  No.  306. 


NOTICE    OF    FILING    OF    BOND    ON    APPEAL. 


TJnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  thb  Matter 

OF 


Bankrupt 


V   No.... 


Sirs: 

Please  take  notice  that  the  bond  for  the  appeal  herein  has  been  this  day  filed 
in  the  office  of  the  clerk  of  the  District  Court  of  the  United  States,  for  the 

district  of  and  executed  and  given  by 

of and of 

Yours,  etc., 


Attorney  for 


To 


(Address.) 


Attorney  for 


.,  Esq., 


488  FORMS  IN  BANKRUPTCY. 


FORM  No.  307. 


STIPULATION  AS   TO  RECORD  ON  APPEAL. 


United  States  Circuit  Court  of  Appeals, 
Circuit. 


In  the  Mattek 

OF 


Bankrupt. 


Whereas  in  the  above  entitled  proceeding  the  bankrupt, ,  did  on 

the  ....  day  of ,  19  ■ .,  duly  file  in  the  District  Court  of  the  United 

States  for  the District  of ,  a  petition  for  appeal,  a  cita- 
tion and  assignment  of  errors,  which  said  appeal  was  allowed  by  order  of  the 
District  Court  upon  said  day  (and  the  time  to  certify  the  record  having  been 
duly  extended.) 

Now,  therefore,  it  is  hereby  stipulated  that  the  record  to  be  certified  to  this 

Court  by  the  Clerk  of  the  United  States  District  Court  for  the 

District  of ,  on  said  appeal,  shall  consist  of  the  following: 

1.  Order  of  adjudication  and  Keference. 
•  2.  Petition  for  discharge  and  order  thereon. 

.3.  Referee's  Certificate  thereon. 

4.  Notice  of  objection  to  discharge. 

5.  Opinion  denying  discharge. 

6.  Petition  for  appeal. 

7.  Citation. 

8.  Assignment  of  errors. 

9.  It  is  agreed  and  stipulated  as  follows : 


Dated, , ,  19. .. 

> 

Attorney  for  Bankrupt- Appellant. 

7 

Attorneys  for  Creditors-Respondents. 


FORMS  IN  BANKRUPTCY.  489 


FORM  No.  308. 


CERTIFICATION  OF  RECORD  ON  APPEAL. 

United  States  of  America, 
District  of 


In  the  Mattek 

OF 


Bankrupt. 


I, ,  Clerk  of  the  District  Court  of  the  United  States  of 

America  for  the District  of ,  do  hereby  certify  that  the 

foregoing  is  a  correct  transcript  of  so  much  of  the  record  of  the  District 
Court  in  the  above  entitled  matter  as  is  by  stipulation  hereto  annexed. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  said  court  to  be  here- 
unto affixed,  at  the  City  of ,  in  the District  of , 

this  ....  day  of ,  in  the  year  of  our  Lord  one  thousand  nine 

hundred  and ,  and  of  the  Independence  of  the  said  United  States 

the  one  hundred  and 


[Seal.] 

Cleric. 

NOTES. 
Record  on  appeal  consists  of  all  papers  in  the  case  as  certified  by  clerk. 
Certification  of  record. 

See,  Rule  No.  14,  Circuit  Court  of  Appeals. 

In  re  Robertshaw  Mfg.  Co.,  14  Am.  B.  R.  341;  135  Fed.  220;  Cook  Inlet  Coal 
Fields  Co.  v.  Caldwell  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  135;  147  Fed.  475;  78 
C.  C.  A.  17. 

Devries  v.  Shanahan  (C.  C.  A.  4th  Cir.),  10  Am.  B.  R.  518;  122  Fed.  629;  58 
C.   C.   A.   482. 

Certification  must  be  by  clerk  of  District  Court. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell   ^supra). 

Record  may  be  reduced  by  stipulation. 

In  re  Robertshaw  Mfg.  Co.   {suipra) . 


490 


FORMS  IN  BANKRUPTCY. 


Cunningham  v.  German  Ins.  Bank  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  192;  103  Fed. 
932;  43  C.  C.  A.  377. 

Record  should  show  when  appeal  was  perfected. 

Williams  Bros.  v.  Savage  (C.  C.  A.  4th  Cir.),  9  Am.  B.  R.  720;  120  Fed.  497;  56 
C.  C.  A.  647. 

When  record  is  incomplete  it  may  be  stricken  out,  but  remedy  is  by  certiorari. 

Flickinger  v.  First  Nat.  Bank,  16  Am.  B.  R.  678;  145  Fed.  162;  76  C.  C.  A.  132. 

Enlargement  of  time  to  file  transcript. 

In  re  Alden  Electric  Co.  (C.  C.  A.  7th  Cir.),  10  Am.  B.  R.  370;  123  Fed.  415; 
59  C.  C.  A.  509. 


FORM  No.  309. 

APPEARANCE  OF  COUNSEL. 


United  States  Circuit  Court  of  Appeals, 
for  the Circuit. 


VS. 


>      No 

....Term. 


19. 


The  Clerk  will  enter  my  appearance  as  Counsel  for  the 


[This  must  be  signed  by  a  member  of  the  Bar  of  this  Court.    Individual,  and 
not  firm  names,  must  be  signed.] 


FORMS  IN  BANKRUPTCY.  491 


FORM  No.  310. 

ORDER    AMENDING    RECORD    ON    APPEAI.. 

At  a  Stated  Term  of  the  United  States  District 

Court  for  the District  of , 

held  at  the  United  States  Court  House,  in  the 
City  of  ,  on  the day  of 

,19-- 

Present — Hon ,  District  Judge. 


In  the  Matter 

OF 


bankrupt. 


No. 


A  motion  having  been  made  in  the  above-entitled  proceeding  for  an  order 
amending  nunc  pro  tunc  the  record  on  appeal  herein,  to  the  Circuit  Court  of 

Appeals  of  the  United  States  for  the Circuit,  upon  due  notice  to  the 

creditors-respondents  upon  said  appeal,  and  said  motion  having  come  on  to  be 
heard  and  no  one  appearing  in  opposition  thereto. 

Now,  upon  reading  and  filing  the  petition  of  ,  verified 

,  19. ,,  and  it  appearing  from  said  petition  that  certain  papers 

on  file  in  this  court  in  the  matter  entitled  " ,  No ,"  were 

omitted  from  said  record  by  inadvertence  or  mistake, 

Now,  upon  motion  of ,  attorney  for  said  bankrupt-appellant, 

it  is 

Ordered,  that  the  record  on  appeal  herein  io  the  Circuit  Court  of  Appeals 

for  the Circuit,  as  certified  by  the  clerk  of  this  court, 

,  be  and  hereby  is  amended  nunc  pro  tunc  by  adding  to  said  record  the 

referee's  notice  of  first  meeting  of  creditors  in  the  proceeding  of , 

No ,  dated , ,  19.  ,,  on  file  in  this  court  in  said  pro- 
ceeding, and  the  bankrupt's  petition  for  discharge  in  said  proceeding,  dismissed 

,  19.  .,  with  the  memorandum  of  the  clerk  of  this  court  endorsed 

thereon,  and  it  is  further 

Ordered,  that  the  clerk  of  this  court  certify  said  papers  to  the  United 

States  Circuit  Court  of  Appeals  for  the Circuit  as  a  part  of  the 

record  on  appeal  herein. 

D.  J. 


492 


FORMS  IN  BANKRUPTCY. 


FORM  No.  311. 

ORDER    AMENDING    PRINTED    RECORD    AND    DIRECTING    PRINTING 
AS  A  PART  OF  ORIGINAL  RECORD. 

At  a  Stated  Term  of  the  TTnited  States  Circuit 

Court  of  Appeals,  held  in  and  for  the 

Circuit,  at  the  United  States  Court  House  in 
the  City  of ,  on  the day  of  . . . 

,19... 

Present — Hon ,  P.  J. 

Hon ,J. 

Hon ,  J. 


In  the  Matter 

OF 


Bankrupt  Appellant. 


Upon  the  annexed  consents  of  the  parties  hereto  and  upon  motion  of  .... 
,  attorney  for  the  appellant,  it  is 

Ordered,  that  the  supplemental  return  filed  herein ,  19. ., 

under  order  of  the  United  States  District  Court  for  the District  of 

,  dated ,  19 . . ,  be  printed  as  a  part  of 

the  original  record  herein. 


We  hereby  consent  to  the  entry  of  the  above  order, 

J 

Attorneys  for  Creditors-Respondents. 

•  • J 

Attorney  for  Bankrupt- Appellant. 


FORMS  IN  BANKRUPTCY.  493 


FORM  No.  312. 


PETITION    TO    RESTORE    APPEAL    TO    CALENDAR. 


United  States  Circuit  Court  of  Appeals, 
for  the :  .  Circuit. 


In  the  Matter 

OF 


Banhriq->t  Appellant, 


V    No. 


To  the  Honorable  Judges  of  the  United  States  Circuit  Court  of  Appeals, 

for  the   Circuit : 

The  petition  of respectfully  alleges  and  shows : 

That  he  is  an  attorney-at-law,  practicing  in  this  court  and  is  attorney  for  the 

appellant  in  this  proceeding,  and  is  personally  acquainted  with  all  the  facts 

in  connection  therewith. 

That  on  the day  of  .  . .  .,  19.  .,  the  bankrupt  in  this  proceeding  feeling 

himself  aggrieved  by  a  final  order  and  decree,  entered  in  the  District  Court 

for  the District  of on  the  ....  day  of , 

19. .,  denying  him  a  discharge  from  his  debts  in  bankruptcy,  appealed  to  this 
court  and  on  said  day  the  appeal  was  duly  allowed.  That  this  case  was  pre- 
viously upon  the  calendar  of  this  court,  but  was  dismissed  with  leave  to  restore 
upon  the  printing  of  the  record  herein.  That  the  record  is  now  on  file  in  this 
court. 

No  previous  application  has  been  made  for  the  order  herein  prayed  for. 

WTierefore,  your  petitioner  prays  for  an  order  directing  the  Clerk  of  this 
Court  to  add  the  appeal  herein  to  the  present  calendar  of  this  court. 


Fetiixoner. 
(Verification.) 


494  FORMS  IN  BANKRUPTCY. 


FORM  No.  313. 

NOTICE   OF  MOTION   TO   RESTORE   APPEAL   TO   CALENDAB. 

United  States  Circuit  Court  of  Appeals, 
for  the Circuit. 


In  the  Matter 

OF 


Bankrupt  Appellant. 


Please  take  notice  that  upon  the  annexed  petition  of ,  verified 

the day  of >  19-  •,  and  upon  the  printed  record  herein^ 

the  undersigned  will  move  this  court  at  a  Term  thereof  to  be  held  at  the  Court 

Koom  thereof  in  the  Federal  Building,  in  the  City  of ,  on  the 

....  day  of ,  19 .  .,  at o'clock  in  the  forenoon  of  that 

day,  or  as  soon  thereafter  as  counsel  can  be  heard,  for  an  order  adding  the 
appeal  in  the  above  entitled  proceeding  to  the  present  calendar  of  this  court, 
and  for  such  other  and  further  relief  as  to  the  Court  may  seem  just  and 
proper. 

Dated, , ,19... 

Yours,  etc., 

• i 

Attorney  for  Appellant. 
Office  and  Post  Office  Address, 

No Street, 

City  of 

To  Messrs , 

Attorneys  for  respondents. 


FORMS  IN  BANKRUPTCY. 


495 


FORM  No.  314. 


ORDER  FOR  MANDATE. 


At  a  Stated  Term  of  the  United  States  Circuit 

Court  of  Appeals,  in  and  for  the 

Circuit,  held  at  the  Court  Rooms  in  the 

Building  in  the  City  of ,  on  the  .... 

....  day  of ,  one  thousand  nine 

hundred  and 


Present :  Hon , 

Hon , 

Hon , 

Hon , 

Circuit  Judges. 


,  the Court  of  the  United  States  for  the 

District  of , 

This  cause  came  on  to  be  heard  on  the  transcript  of  record  from  the 

Court  of  the  United  States,  for  the District  of ,  and 

was  argued  by  counsel. 

On  consideration  whereof,  it  is  now  hereby  ordered,  adjudged  and  decreed 
that  the of  said Court  be  and  it  hereby  is 


It  is  further  ordered  that  a  mandate  issue  to  the  said Court  in 

accordance  with  this  decree. 


496  FORMS  IN  BANKRUPTCY. 


FORM  No.  315. 

MANDATE. 

United  States  of  America,  ss: 

The  President  of  the  United  States  of  America, 

To  the  Honorable,  the  Judge  of  the Court  of  the  United 

States  for  the District  of 

Greeting : 

Whereas,  lately  in  the Court  of  the  United  States  for  the 

District  of ,  before  you,  or  some  of  you,  in  a  cause  between 

as  by  the  inspection  of  the  transcript  of  the  record  of  the  said  Court  which 

was  brought  into  the  United  States  Circuit  Court  of  Appeals  for  the 

....  Circuit,  by  virtue  of agreeably  to  the  Act  of  Congress, 

in  such  case  made  and  provided,  fully  and  at  large  appears. 

And  whereas,  in  the  present  term  of ,  in  the  year  of  our  Lord  one 

thousand  nine  hundred  and ,  the  said  cause  came  on  to  be  heard 

before  the  said  United  States  Circuit  Court  of  Appeals  for  the 

Circuit,  on  the  said  transcript  of  record,  and  was  argued  by  counsel :  On 
consideration  whereof,  it  is  hereby 

Ordered,  Adjudged  and  Decreed, 


You,  therefore,  are  hereby  commanded  that  such proceedings 

be  had  in  said  cause, ,  as  according  to  right  and 

justice,  and  the  laws  of  the  United  States,  ought  to  be  had,  the  said 

notwithstanding. 

Witness,  the  Honorable   ,  Chief  Justice  of  the  United 

States,  the  ....  day  of ,  in  the  year  of  our  Lord  one  thousand 

nine  hundred  and 


Cost  of 

Clerk $ 

Printing  Record  ....     $ 
Attorney $ 


Clerk  of  the  United  States  Circuit  Court  of  Appeals. . 
for  the   Circuit. 


FORMS  IN  BANKRUPTCY. 


497 


FORM  No.  316. 


AFFIDAVIT   TO   MAKE   MANDATE    ORDER   OF   COURT   BELOW. 

United  States  District  Court, 

District  of 


In  the  Matter 

OF 


Bankrupt. 


In  the  Matter 

OF 

The  Claim  of 


Apellant 


State  of  . . 
County  of 


ss. 


,  being  duly  sworn  deposes  and  says:  that  he  is  one  of  the 

attorneys  for in  the  above  entitled  matter. 

Tliat  an  order  was  entered  in  this  court  on  the  ....  day  of , 

19 .  .,  by ,  referee,  allowing  the  claim  of , 

as  a  general  claim  against  this  estate  for  $ That  said 

appealed  to  this  court  and  filed  his  assignment  of  errors  on  the  ....   day  of 

,  19.  ..    That  the  said  appeal  came  on  for  hearing  before  the 

United  States  Circuit  Court  of  Appeals  for  the Circuit  in  .... 

,  19 .  . ,  and  after  hearing for  the  respondent  and 

for  the  appellant  herein,  said  court  rendered  its  decision 

in  writing  and  made  the  mandate  which  is  hereto  annexed,  affirming  the  order 

of  the  court  below.    That  there  were  taxed  as  costs  in  this  matter  $ , 

and  that  the  necessary  disbursements  were:  $   for  said  mandate, 

$ for  a  copy  of  decision  and  $ for  printing  of  brief,  amounting 

to  $ 

Therefore,  deponent  prays  for  an  order  making  the  mandate  of  the  said 


498 


FORMS  IN  BANKRUPTCY. 


Circuit  Court  of  Appeals  the  judgment  of  this  court,  and  for  the  necessary 
costs  and  disbursements  herein. 
Sworn  to  before  me  this 

....  day  of ,  19. .. 

> 


FORM  No.  317. 


NOTICE  OF  MOTION  THEKEON. 


United  States  District  Court, 
District  of   .  . 


In  the  Matter 

OF 


JBankrupt. 


In  the  Matter 

OF 

The  Claim  of 


Apellant 


Please  take  notice,  that  upon  the  affidavit  of ,  duly  verified, 

and  the  original  mandate  hereto  annexed,  the  undersigned  will  move  this 

court  at  the  Court  House,  in  the  City  of ,  on  the  ....  day 

of  ,  19.  .,  at  o'clock  in  the noon  of  that  day 

or  as  soon  thereafter  as  counsel  can  be  heard  for  an  order  making  the  man- 
date of  the  Circuit  Court  of  Appeals  for  the Circuit  in  the 

above  entitled  matter,  the  judgment  of  this  court  and  that ." 

herein  have  judgment  for  $ against  said ,  f or  the  costs 

and  disbursements  of  this  proceeding. 

Dated, , ,19... 

Yours,  etc., 


Attorney  for 


(Address.) 


To 


Attorney  for 


FORMS  IN  BANKKUPTCY.  499 


FORM  No.  318. 

ORDER  ON  MANDATE. 

At  a  Stated  Term  of  the  District  Court  of  the 

United  States,  for  the   District  of 

,  held  at  the  United  States  Court- 

House,  in  the  City  of ,  on  the  .... 

day  of   ,  19. .. 


Present : 
Hon.   . 


District  Judge. 


In  the  Matter 
OP 


bankrupt. 


>    No. 


An  appeal  has  been  heretofore  taken  to  the  Circuit  Court  of  Appeals  for  the 

Circuit,  by ,  a  creditor  herein  from  an  order  made 

in  the  District  Court  of  the  United  States  for  the District  of 

,  on  the  ....  day  of ,  19.  .,  allowing  the  claim  of 

said  creditor  as  a  general  claim  for  dollars  ($ ) 

and  the  said  appeal  having  been  duly  heard  by  said  court  and  said  court  having 
made  its  mandate  affirming  in  all  respects  the  order  appealed  from ;  and  a 
motion  having  been  duly  made  to  make  the  mandate  of  said  Circuit  Court 
of  Appeals  the  order  of  this  court,  and  after  reading  and  filing  the  affidavit 

of ,  verified  the  ....  day  of ,  19 .  . ,  and  the 

notice  of  motion  dated  the  same  day,  and  also  the  mandate  of  said  Circuit 

Court  of  Appeals  dated  . . . '. ,  19.  .,  and  proof  of  due  service,  and 

no  one  appearing  in  opposition  thereto. 

Now,  on  motion  of ,  attorney  for ,  it  is 

hereby  •  •  • . 

Ordered,  that  the  mandate  of  the  Circuit  Court  of  Appeals  for  the 

Circuit,  dated  ,  19.  .,  be  and  the  same  hereby  is  made  the 

order  of  this  court;  and  it  is  hereby 

Further  ordered,  that  the  order  made  and  entered  on  the  ....  day  of  .... 
,  19 .  .,  is  hereby  in  all  respects  affirmed.    And  it  is  hereby 

Further  ordered  and  adjudged,  that  the  have  judgment 


500  FORMS  IN  BANKRUPTCY. 

against  said for  the  sum  of dollars  costs,  and  that  he  have 

execution  therefor. 


D.  J. 


FORM  No.  319. 

PETITION  TO  REVIEW  UNDER  SEC.  24.b. 


United  States  Circuit  Court  of  Appeals, 
for  the Circuit  of 


In  the  Matter 
OP 


>■    Petition  to  review  in  Bankruptcy. 


JBanJcrupt. 


To  the  Honorable  Judges  of  the  United  States  Circuit  Court  of  Appeals, 

for  the Circuit. 

Your  petitioner, ,  is  a  citizen  of  the  United  States  and 

resides  (or  has  his  principal  place  of  business)  in  the  City  of , 

State  of ,  and  claims  to  be  entitled  to  certain  chattels  now 

in  the  possession  of  the  trustee  of  the  above  named  bankrupt.     That  on  the 

day  of ,  19.  .,  the  said was  duly  adjudged 

a  bankrupt  by  the  District  Court  of  the  United  States  for  the 

District  of ,  and  thereafter was  duly  appointed 

trustee  in  bankruptcy  and  duly  qualified,  and  is  still  acting  as  such  trustee. 

That  heretofore  your  petitioner  duly  demanded  of  the  said  trustee  the 

return  to  him  of  the  aforesaid  chattels,  consisting  of  certain of 

the  value  of  about  $ ,  as  delivered  to  said  bankrupt  under  a  conditional 

bill  of  sale  and  that  the  title  to  said  property  has  always  been  and  still  is 

in  your  petitioner,  and  that  thereafter  an  application  was  made  before 

,  Esq.,  one  of  the  referees  in  bankruptcy  in  the  District  Court 

of  the  United  States,  for  the District  of ,  to  compel 

the  return  of  the  said  chattels  to  your  petitioner,  which  application  was  denied 

by  an  order  entered  the  ....  day  of ,  19.  .,  and  dismissing  said 

reclamation  proceedings  together  with  $ costs.    A  certificate  of  review 

was  thereafter  duly  granted  to  the  said  District  Court  for  the 

district  of  ,  by  the  said  referee,  upon  the  denial  of  the  said 


FORMS  IN  BANKRUPTCY.  501 

application,  and  that  on  or  about  the  ....  day  of ,  19.  .,  an 

order  was  duly  entered  by  the  said  District  Court,  in  all  respects  affirming  and 

approving  the  order  of  the  said ,  referee.    A  copy  of  said  order 

of  the  District  Court  is  hereto  annexed. 

That  said  order  was  and  is  erroneous  as  a  matter  of  law  in  that: 

I.  Your  petitioner  was  entitled  to  the  return  of  the  said  chattels. 

II.  That   the   Statutes   of  the   State   of    ,   upon   which   the 

trustee  relied  to  defeat  the  claim  of  your  petitioner,  had  no  application  to  the 
facts  upon  which  your  petitioner  based  his  claim. 

III.  That  the  trustee  of  the  bankrupt  had  no  greater  rights  as  against  your 
petitioner  than  the  bankrupt  himself. 

Wherefore  your  petitioner  feeling  aggrieved  because  of  said  order,  asks  that 
the  same  may  be  revised  in  matter  of  law,  by  this  Honorable  Court,  as  pro- 
vided in  Section  24-b  of  the  Bankruptcy  Act  and  tlie  rules  of  practice  in  such 
case  provided,  and  that  same  be  reversed,  and  for  such  other  and  further  relief 
as  may  be  just  and  proper. 

Dated, , ,19... 


Petitioner. 
(Verification.) 

NOTES. 

RevieTAT  under  sec.  24-b. 

"What  reviev^^able. 

Any  order,  judgment  or  judicial  action  in  a  bankruptcy  proceeding,  except  such  as 
are  appealable  under  sec.  2.5a. 

Petition  to  revise  brings  up  questions  of  law  only. 

Elliott  V.  Toeppner,  9  Am.  B.  R.  50;  187  U.  S.  327;  47  L.  Ed.  200;  In  re  Blanchard 
Shingle  Co.  (Gaudette  v.  Graham)  (C.  C.  A.  9th  Cir.),  21  Am.  B.  E.  142;  164  Fed.  311 ; 
90  C.  C.  A.  243;  Ross  et  al.  v.  Stroh  (C.  C.  A.  3rd  Cir.),  21  Am.  B.  R.  644;  165  Fed. 
628  ;  91  C.  C.  A.  616. 

An  order  sustaining  objections  to  a  trustee's  account,  reviewable  only  upon  petition 
to  review  under  soc.  24b. 

in  re  Moore  and  Bridgeman  (C.  C.  A.  .5th  Cir.).  21  Am.  B.  R.  651 ;  166  Fed.  689;  92 
C.  C.  A.  285. 

Controversies  between  a  trustee  and  a  third  party,  in  respect  to  property  arising 
in  an  independent  suit,  are  not  reviewable  under  sec.  24-b. 

The  remedy  is  by  appeal. 

In  re  Rusch  (C.  C.  A.  7th  Cir.),  8  Am.  B.  R.  518;  116  Fed.  270;  53  C.  C.  A.  631; 
In  re  Jacobs  (C.  C.  A.  8th  Cir.).  3  Am.  B.  R.  671:  99  Fed.  539;  39  C.  C.  A.  647;  In 
re  Mertens  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  701;  142  Fed.  445;  affirmed  (U.  S.  Sup.), 
205  U.  S.  202;  51   L.  Ed.  771. 

In  re  Antigo  Screen  Door  Co.  (C.  C.  A.  7th  Cir.),  10  Am.  B.  R.  359;  123  Fed.  249; 
59  C.  C.  A.  248;  First  Nat.  Bank  v.  Chicago  Title  &  Trust  Co.  (U.  S.  Sup.),  14  Am. 
B.  R.  102;  198  U.  S.  280;  49  L.  Ed.  1051. 

In  re  Mueller   (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  256;   135  Fed.  711;   68  C.  C.  A. 
349;  Holden  v.  Stratton  (U.  S.  Sup.),  10  Am.  B.  R.  786:  191  U.  S.  115;  48  L.  Ed.  116; 
Hutchinson  v.  Otis,  10  Am.  B.  R.  135;  190  U.  S.  552;  47  L.  Ed.  1179. 
Contra. 

In  re  McMahon  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;  147  Fed.  684;  77  C.  C.  A. 


502  FORMS  IN  BANKRUPTCY. 

668;  O'Dell  v.  Boyden  (C.  C.  A.  6th  Cir.),  1"  Am.  B.  R.  751;  150  Fed.  731;  80  C.  C.  A. 
397. 

Appeals  as  in  equity  cases  taken  under  sec.  24a,  are  not  exclusive  of  the 
right  to  review^  under  sec.  24b. 

Either  right  may  be  invoked  in  proper  case. 

Dodge  V.  Xorlin  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  176;  133  Fed.  363;  66  C.  C  A. 
425:  In'^e  Holmes  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  689;  142  Fed.  391;  73  C.  C.  A. 
491. 

In  re  McKenzie  (C.  C  A.  8th  Cir.),  15  Am.  B.  R.  679;  142  Fed.  383;  73  C.  C.  A. 
486;  Taft  Co.  v.  Century  Savings  Bank  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  594;  141  Fed. 
369;  72  C  C.  A.  671;  In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R. 
665;  135  Fed.  1000;  68  C  C.  A.  4.34. 

Questions  of  la'w  only  considered. 

In  re  Carley  (C.  C.  A.  3rd  Cir.),  8  Am.  B.  R.  720;  117  Fed.  130;  55  C.  C.  A.  146; 
In  re  Lesser  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  758;  99  Fed.  913;  40  C.  C.  A.  177. 

Mulford  V.  Fourth  St.  Nat.  Bank  (C.  C.  A.  3rd  Cir.),  19  Am.  B.  R.  742;  157  Fed. 
897;  85  C.  C  A.  225;  In  re  Rosser  (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  153;  101  Fed.  562; 
41  C.  C.  A.  497. 

In  re  Blanchard  Shingle  Co.  (C.  C.  A.  9th  Cir.),  (stipra)  ;  In  re  Graessler  (C.  C.  A. 
9th  Cir.),  18  Am.  B.  R.  694;  154  Fed.  478:  83  C.  C.  A.  304. 

Kenova  Loan  &  Trust  Co.  v.  Graham  (C.  C  A.  4th  Cir.*),  14  Am.  B.  R.  313;  135 
Fed.  717;  In  re  Eggert  (C.  C.  A.  7th  Cir.),  4  Am.  B.  R.  449;  102  Fed.  735;  43 
C.   C.  A.   1. 

Dickas  v.  Barnes  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  566;  140  Fed.  849;  72  C.  C.  A. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  163;  142  Fed.  68;  73  C.  C.  A.  254. 
Hutchinson  v.  LeRoy  (C.  C.  A.  1st  Cir.),  8  Am.  B.  R.  20:  113  Fed.  202;  51  C.  C.  A. 

159. 

Ryan   v.   Hendricks    (C.   C.   A.   7th   Cir.),   21    Am.   B.   R.   570;    166   Fed.    94;    92 

C.  C.  A.  78. 

Lesaius  v.  Goodman,  21  Am.  B.  R.  446 ;  165  Fed.  889 ;  91  C.  C.  A.  567. 

Mueller  v.  Nugent  (U.  S.  Sup.),  7  Am.  B.  R.  224;  184  U.  S.  1 ;  46  L.  Ed.  405. 

It  has  been  held  in  proper  cases  an  appeal  may  be  treated  as  a  petition  to  revise, 
when  only  questions  of  law  are  presented. 

In  re  Whitener  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  198;  108  Fed.  180;  44  C.  C.  A. 
434;  In  re  Blanchard  Shingle  Co.  (supra)  ;  Chesapeake  Shoe  Co.  v.  Seldner  (C.  C.  A. 
4th  Cir.),  10  Am.  B.  R.  466;  122  Fed.  593;  58  C.  C.  A.  261. 

In  re  Blair  (C.  C.  A.  8th  Cir.),  5  Am.  B.  R.  793;  106  Fed.  662;  45  C.  C.  A.  5-30; 
In  re  Jacobs   (C.  C.  A.  8th  Cir.),  3  Am.  B.  R.  671;  99  Fed.  539;  39  C.  C.  A.  647. 

When  questions  of  both  fact  and  law  are  involved,  an  appeal  may  not  be  so  treated. 

Steiner  v.  Marshall  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  486:  140  Fed.  710:  72 
C.  C.   A.   103. 

"Where  appeal  may  te  brought  under  sec.  25-a,a  review  under  sec.  24-b  not 
available. 

Union  Nat.  Bank  v.  Neill    (C.  C.  A.  5th  Cir.),  17  Am.  B.  R.  853;   149  Fed.  720; 

79  C.  C.  A.  417;  O'Dell  v.  Boyden  (C.  C  A.  6th  Cir.),  17  Am.  B.  R.  751 ;  150  Fed.  731; 

80  C.  C.  A.  397;  Mason  v.  Wolkowich  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  709;  150  Fed. 
699;  80  C.  C  A.  4.35;  In  re  McMahon  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;  147  Fed. 
684;  77  C.  C.  A.  668;  Davidson  &  Co.  v.  Friedman  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R. 
489;  140  Fed.  853;  72  C.  C.  A.  553. 

In  re  Mueller  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  256;  135  Fed.  711;  68  C.  C.  A. 
349;  In  re  Kuffler  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  460;  127  Fed.  125:  61  C.  C.  A. 
259. 


FORMS  IN  BANKRUPTCY.  503 

In  re  Good  (C.  C.  A.  8th  Cir.),  3  Am.  B.  R.  605;  99  Fed.  389;  39  C.  C.  A.  581; 
First  Nat.  Bank  of  Miles  City  v.  State  Nat.  Bank  (C.  C.  A.  9th  Cir.),  12  Am.  B.  R. 
440;    131  Fed.  430. 

Brady  v.  Bernard  &  Kittinger  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  342;  170  Fed.  576. 

See,  Stevens  et  al.  v.  Nave-McCord  Mercantile  Co.  et  al.  (C.  C.  A.  8th  Cir.),  17 
Am.  B.  R.  609;   1.50  Fed.  71  ;  80  C.  C.  A.  25. 

"What  Review^able. 

A  summary  proceedinf:^  aj^ainst  one  in  possession  of  assets  alleged  to  belong  to 
bankruptcy  estate,  is  a  proceeding  in  bankruptcy,  and  the  jurisdiction  of  C.  C.  A.  is 
confined  to  revision  of  the  decree   (U.  S.  Sup.). 

First  Nat.  Bank  of  Chicago  v.  Chicago  Title  &  Trust  Co.,  14  Am.  B.  R.  102;  198 
U.  S.  280;  49  L.  Ed.  1051. 

Schweer  v.  Brown  (U.  S.  Sup.),  12  Am.  B.  R.  673;  195  U.  S.  171;  49  L.  Ed.  144; 
In  re  Hecox    (C.  C.  A.  8th  Cir.),  21  Am.  B.  R.  314. 

See,  Morgan  v.  First  Nat.  Bank  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  6-39;  145  Fed. 
466;   76  C.  C.  A.  2,36. 

Moore  v.  Green  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  648;  145  Fed.  480;  76  C.  C.  A. 
250;  In  re  McMahon  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;  147  Fed.  684;  77  C.  C  A. 
668. 

As  to  dower  right. 

In  re  McKenzie  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  679;  142  Fed.  383;  73  C.  C.  A. 
483. 

A  referee's  allowance  or  disallowance  of  a  claim  for  attorney's  fees  in  contesting 
claims  of  others,  is  reviewable  under  sec.  24-b. 

Ohio  Valley  Bank  v.  Switzer  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  689;  153  Fed.  362; 
82  C.  C.  A.  438. 

Claims  to  exemption  reviewable  by  petition  under  24-b. 

In  re  Youngstrom  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  572;  153  Fed,  98;  82  C.  C.  A. 
232. 

Ingram  v.  Wilson  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  192;  125  Fed.  913;  60  C.  C.  A. 
618. 

Duncan  v.  Fergvison-McKinney  Co.  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  155;  150  Fed. 
269;   80  C.  C  A.  157. 

Order  for  distribution  of  proceeds  of  sale  of  real  estate,  reviewable  under  sec.  24-b. 

In  re  Groetzinger  &  Son,  11  Am.  B.  R.  467  ;  127  Fed.  124;  62  C.  C.  A.  124. 

Order  denying  right  of  partnership  creditors  to  participate  in  assets  of  an  indi- 
vidual partner  reviewable  by  petition. 

Euclid  Nat.  Bank  v.  Union  Trust  Co.  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  834;  149 
Fed.  975;  79  C.  C.  A.  485. 

Order  sustaining  demurrer  to  petition. 

In  re  Ives   (C.  C.  A.  6th  Cir.),  7  Am.  B.  R.  692;  113  Fed.  911;  51  C.  C.  A.  541. 

Order  vacating  an  adjudication. 

Brady  v.  Bernard  &  Kittinger  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  342;  170  Fed.  576. 

When  order  was  discretionary,  not  usually  granted  except  for  gross  abuse  of  dis- 
cretion, or  when  a  substantial  legal  right  has  been  invaded. 

Mulford  V.  4th  St.  Nat.  Bank  (C.  C.  A.  3rd  Cir.),  19  Am.  B.  R.  742;  157 
Fed.  897  ;  85  C.  C.  A.  225. 

In  re  Lessor   (C.  C.  A.  2nd  Cir.)    (supra). 

In  re  Carley    (C.  C.  A.  3rd  Cir.)    (supra). 

Not  usually  granted  where  the  rights  of  the  petitioning  party  were  not  affected  by 
the  order  comjjlained  of. 

In  re  Madden  (C.  C.  A.  2nd  dr.),  6  Am.  B.  R.  614:  110  Fed.  348;  49  C.  C.  A.  83; 
Fisher  v.  Cushman    (C.  C.  A.   1st  Cir.),  4  Am.  1'..  R.  646:    103  Fed.  860;   43  C.  C.  A. 


504  FORMS  IN  BANKRUPTCY. 

381;  In  re  Rosser  (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  153;  101  Fed.  562;  41  C.  C.  A.  497. 
Petition  should  be  addressed  to  the  judges  of  appellate  court,  and  after  allowance 
filed  with  clerk  of  said  court. 

What  petition  should  show. 

In  re  Richards  (C.  C.  A.  7th  Cir.),  3  Am.  B.  R.  145;  96  Fed.  935;  37  C.  C.  A. 
634. 

In  re  Baker  (C.  C.  A.  4th  Cir.),  4  Am.  B.  R.  778;  104  Fed.  287;  43  C.  C.  A.  536. 
Steiner  v.  Marshall,   15  Am.  B.  R.   486;    140  Fed.   710;    In  re  O'Connell,    14   Am. 

B.  R.  237;   137  Fed.  838;  In  re  Pettingill  &  Co.,  14  Am.  B.  R.  757;   137  Fed.  840. 

Petition  should  set  forth  the  questions  of  law,  clearly  and  specifically,  by  which 
petitioner  considers  himself  aggrieved  by  decision  of  lower  court,  and  set  forth  the 
facts  upon  which  such  order  was  made. 

In  re  Taft  (C.  C.  A.  6th  Cir.),  13  Am.  B.  R.  417;  133  Fed.  511;  66  C.  C.  A.  385. 

Steiner  v.  Marshall    (C.   C.  A.   4th  Cir.),   15   Am.   B.   R.   486;    140   Fed.   710;    72 

C.  C.  A.  103. 

In  re  Pettingill  &  Co.    (supra). 

Devries  v.  Shanahan  (C.  C.  A.  4th  Cir.),  10  Am.  B.  R.  518;  122  Fed.  629;  58 
C.  C.  A.  482. 

Practice. 

See,  Rule  36,  Circuit  Court  of  Appeals,  1st  Cir. 

Rule  36,  4th  circuit. 

Petitions  for  review  are  taken  in  the  Circuit  Court  of  Appeals  and  petition  filed 
there. 

Clerk  of  lower  court  prepares  record  at  expense  of  petitioner  and  certifies  to 
Circuit  Court  of  Appeals,  such  filed  papers  as  may  be  selected. 

In  re  Williams  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  365;  105  Fed.  906;  45  C.  C.  A. 
115. 

Courier  Journal  Job  Print  Co.  v.  Brew.  Co.  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  183; 
101  Fed.  699;  41  C.  C.  A.  614. 

Party  aggrieved  may  file  petition. 

In  re  Jemison  Mercantile  Co.  (C.  C.  A.  5th  Cir.),  7  Am.  B.  R.  588;  112  Fed.  966; 
50  C.  C.  A.  641. 

No  answer  or  reply  need  be  filed  by  respondent. 

If  finding  of  fact  is  not  set  forth  clearly,  court  may  dismiss  the  petition. 

In  re  Boston  Dry  Goods  Co.  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  97;  125  Fed.  226; 
60  C.  C.  A.  118. 

Rush  V.  Lake  (C.  C.  A.  9th  Cir.),  10  Am.  B.  R.  455;  122  Fed.  561;  58  C.  C.  A. 
447;  rev'g  111  Fed.  893. 

The  certified  record  should  show  the  manner  in  which  the  question  arose  and  its 
determination. 

In  re  Richards  (C.  C.  7th  Cir.),  3  Am.  B.  R.  145;  96  Fed.  035;  37  C.  C.  A.  634; 
In  re  Baker  (C.  C.  A.  1st  Cir.),  4  Am.  B.  R.  778;  104  Fed.  287;  43  C.  C.  A.  536;  In  re 
O'Connell    (supra). 

Cunningham  v.  German  Ins.  Bank,  4  Am.  B.  R.  192;  103  Fed.  932;  43  C.  C.  A.  377. 

Opinion  of  District  Judge  reviewing  order  of  referee  and  not  specifically  made  a 
part  of  record,  not  a  substitute  for  findings  of  fact. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  163;  142  Fed.  68;  73  C.  C.  A. 
254. 

In  re  Pettingill  &  Co.  (supra). 

Time  -within  -which  petition  should  be  filed. 

Not    liTiiilcd    l)v   Act   or   General   Orders. 


FORMS  IN  BANKRUPTCY.  505 

In  absence  of  rule  by  Circuit  Court  of  appeals,  within  a  reasonable  time. 

In  re  Good,  3  Am.  B.  R.  605;  98  Fed.  389;  39  C.  C.  A.  581. 

In  re  N.  Y.  Economical  Printing  Co.  (C.  C.  A.  2nd  Cir.),  5  Am.  B.  R.  697;  106 
Fed.  839;   49  C.  C.  A.   133. 

In  re  Worcester  County,  4  Am.  B.  R.  496 ;  102  Fed.  808 ;  42  C.  C.  A.  637 ;  Kenova 
Loan  &  Trust  Co.  v.  Graham,  14  Am.  B.  R.  313:   135  Fed.  717, 

Now  usually  limited  by  Rule  of  Appellate  Court. 

Excuses  for  delay. 

In  re  Groetzinger  (C.  C.  A.  3rd  Cir.),  11  Am.  B.  R.  467;  127  Fed.  124;  62  C.  C.  A. 
124;  Meyer  Drug  Co.  v.  Pipkin  Drug  Co.  (C.  C  A.  5th  Cir.),  14  Am.  B.  R.  477;  136 
Fed.  396;  69  C.  C.  A.  240. 

Decision  of  Circuit  Court  of  Appeals  on  such  review  not  appealable,  but  can  be 
transferred  to  Supreme  Court  on  certiorari. 

In  re  Baker,  4  Am.  B.  R.  778;   104  Fed.  287;  43  C.  C.  A.  536. 

Conro  V.  Crane,  94  U.  S.  441. 

Holden  v.  Stratton  (U.  S.  Sup.),  10  Am.  B.  R.  786;  191  U.  S.  115;  48  L.  Ed.  116. 

Nor  reviewable  on  motion  to  amend  order  appealed  from. 

In  Henschel  (D.  C.  N.  Y.),  8  Am.  B.  R.  201;  114  Fed.  968. 


506 


FOKMS  IN  BANKRUPTCY. 


FORM  No.  320. 

NOTICE  OF  FILING  PETITION  TO  REVIEW. 


United  States  Circuit  Court  of  Appeals, 
Circuit. 


In  the  Matteb 

OF 


bankrupt. 


Sir: 

Please  take  notice  that  on  the  ....  day  of ,  19.  .,  at  ....  o'clock, 

.  .  M.,  I  shall  present  to  the  above-named  court  at  the  office  of  the  clerk  thereof 

at  the  Federal  Court  House,  in  the  City  of ,  and  file  with  the 

said  clerk,  the  annexed  petition  of ,  for  review  by  the  above- 
named  court  of  a  certain  order  of  the  District  Court  of  the  United  States  for 

the District  of ,  and  filed  in  the  office  of  the 

clerk  of  that  court  on  the day  of ,  19 .  . ,  confirming  the 

report  of as  Special  Master,  dated  the day  of 

:,19.-. 

Dated ,19... 


Attorney  and  solicitor  for. 


To 


Attorney  for 


FORMS  IN  BANKRUPTCY.  507 


FORM  No.  321. 

NOTICE  OF  MOTION   FOR  STAY  PENDING  REVIEW. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


JBankrupt. 


Sir: 

Upon  all  the  proceedings  had  herein  and  on  the  petition  to  review  the  order 

and  decree  entered  herein  on  the day  of ,  19 .  .,  directing 

that  (etc.)  ,  filed  in  the  clerk's  office  of  the  United  States 

Circuit  Court  of  Appeals  for  the   Circuit,  on  or  about   

.  . .  .,  19.  .,  I  shall  move  this  Court  at  a  session  thereof  to  be  held  on  the 

day  of ,  19 .  .,  at  ....  A,  M.  or  as  soon  thereafter  as  counsel  can 

be  heard,  for  a  stay  of  all  proceedings  herein  on  said  final  order  and  decree, 
pending  said  petition  to  review;  also  for  such  other  and  further  relief  as  to  the 
court  may  seem  proper. 

Dated, , ,19... 

> 

Attorney  for , 

(Address.) 

To Esq., 

Attorney  for 


508  FORMS  IN  BANKRUPTCY. 

FORM  No.  322. 

PETITION  FOR  APPEAL  FROM  A  CIRCUIT  COURT  OF  APPEALS  TO 
THE  SUPREME  COURT  OF  THE  UNITED  STATES. 

United  States  Circuit  Court  of  Appeals  for  the Circuit. 


Ajypellants^ 
vs. 


Appellees. 


To  the  United  States  Circuit  Court  of  Appeals  for  the 

Circuit : 

The  above  mentioned  appellants,    ,  respectfully  show 

that  the  above  entitled  cause  is  now  pending  in  the  United  States  Circuit 

Court  of  Appeals  for  the Circuit,  and  that  a  judgment  or  decree 

has  therein  been  rendered  on  the  ....  day  of ,  A.  D., , 

affirming  the  decree  of  the Court  of  the  United  States  for  the 

district  of ,  and  that  the  matter  in  controversy  in  said  suit 

exceeds  two  thousand  dollars  besides  costs ;  that  this  cause  is  one  in  which  the 

United  States  Circuit  Court  of  Appeals  for  the circuit  has  final 

jurisdiction  and  that  it  is  a  proper  cause  to  be  reviewed  by  the  Supreme  Court 
of  the  United  States  on  appeal  under  Sec.  2.5-b  of  the  Bankruptcy  Act. 

Wherefore,  the  said  appellants  pray  that  an  appeal  be  allowed  them  in  the 
above  entitled  cause  directing  the  clerk  of  the  United  States  Circuit  Court  of 

Appeals  for  the Circuit,  to  send  the  record  and  proceedings  in 

said  cause,  with  all  things  concerning  the  same,  to  the  Supreme  Court  of  the 
United  States,  in  order  that  the  errors  complained  of  in  the  assignment  of 
errors  herewith  filed  by  the  said  appellants,  may  be  reviewed,  and  if  error  be 
found,  corrected  according  to  the  laws  and  customs  of  the  United  States. 


(Verification.)  Attorney  for  appellants. 

NOTES. 

Appeals  to  Supreme  Court. 
Sec.  25-b 

General  Order  XXXVI  .  (2),  (3). 

Liniiteil  to  coiitrnvcrsics  on  claims  exceeding  the  sum  of  $2000  and  the  question 
involved  is  one  which  niifrht  liave  been  taken  on  appeal  or  writ  of  error  from  the  hijihe=t 


FORMS  IN  BANKRUPICY.  509 

court  of  a  State  to  the  Supreme  Court  of  the  United  States,  or  where  a  Justice  of  the 
Supreme  Court  shall  certify  the  decision  of  the  question  in  controversy,  is  "  essen- 
tial to  the  uniform  construction  of  the  act  throughout  the  United  States." 

Hewitt  V.  Berlin  Macliine  Works,  11  Am.  B.  R.  709;  194  U.  S.  296;  48  L.  Ed.  986. 

In  either  case  claim  in  controversy  must  exceed  $2000. 

Hutchinson  v.  Otis  (C.  C.  A.  1st  Cir.),  10  Am.  B.  R.  275;  123  Fed.  14;  50 
C.  C.  A.  94. 

Western  Tie  &  Timber  Co.  v.  Brown,  13  Am.  B.  R.  447;  196  U.  S.  502;  49  L.  Ed. 
571. 

Lucius  V.  Cawthorn-Coleman  Co.,  13  Am.  B.  R.  696;  196  U.  S.  149;  49  L.  Ed.  425. 

Order  allowing  an  exemption,  is  not  a,  "  final  decision  allowing  or  rejecting  a  claim 
within  the  meaning  of  subsection  b,  and  appeal  does  not  lie  to  Supreme  Court." 

Holden  v.  Stratton,  10  Am.  B.  R.  786;  191  U.  S.  115;  48  L.  Ed.  116;  Smalley  v. 
Laugenour,  13  Am.  B.  R.  692;  196  U.  S.  93;  49  L.  Ed.  400. 

Lucius  v.  Cawthorn-Coleman  Co.    {supra). 

Objections  first  raised  on  appeal. 

Armstrong  v.  Fernandez,  19  Am.  B.  R.  746;  208  U.  S.  324;  52  L.  Ed.  514. 

Practice. 

Regulated  by  Gen'l  Order  XXXVI  (2)  (3),  and  by  the  Rules  of  U.  S.  Supreme 
Court. 

Mueller  v.  Nugent,  7  Am.  B.  R.  224:  184  U.  S.  1 ;  46  L.  Ed.  405;  Chapman  v. 
Bowen,  18  Am.  B.  R.  844;  207  U.  S.  89;  52  L.  Ed.  116. 

Knapp  V.  Milwaukee  Trust  Co.,  30  Sup.  Ct.  Rep.  412. 

Time  Limit.  Conboy  v.  First  Nat.  Bank  of  N.  J.,  16  Am.  B.  R.  773;  203  U.  S.  141 ; 
51  L.  Ed.  128. 

Thomas  v.  Sugarman,  30  Sup.  Ct.  Rep.  650. 

Bond  on  supersedeas. 

Trustee  need  not  give. 

In  re  Dresser  (Ref.  N.  Y.),  14  Am.  B.  R.  41. 


olO 


FORMS  IN  BANKRUPTCY. 


FORM  No.  323. 

ORDER  ALLO"WING  APPEAL  FROM  A  CIRCUIT  COURT  OF  APPEALS 
TO  THE  SUPREME  COURT  OF  THE  UNITED  STATES. 

The  United  States  Circuit  Coiirt  of  Appeals  for  the Circuit. 


Appellants^ 


vs. 


Appellees. 


It  is  hereby  ordered  that  the  appeal  in  the  above  entitled  cause  to  the 
Supreme  Court  of  the  United  States  be  and  is  hereby  allowed  as  prayed. 


United  States  Circuit  Judge, 
Circuit 


FORM  No.  324. 


PETITION  FOR  "WRIT  OF  ERROR  FROM  THE  SUPREME  COURT  TO  A 
CIRCUIT  COURT  OF  APPEALS. 


United  States  Circuit  Court  of  Appeals, 
for  the Circuit. 


Plaintiff  in  Error. 


vs. 


Defendant  in  Error. 


Your  petitioner, plaintiff  in  error  in  the  above  entitled 

cause,  respectfully  shows  that  the  above  entitled  cause  is  now  pending  in  the 

United  States  Circuit  Court  of  Appeals  for Circuit,  and  that  a 

judgment  has  tliorcin  b^'cn  rendered  on  the day  of ,  affirm- 


FORMS  IN  BANKRUPTCY.  511 

iiig  (or  reversing)  a  judgment  of  the  District  Court  of  the  United  States  for 

the District  of ,  and  that  the  matter  in  controversy  in  said 

suit. exceeds thousand  dollars,  besides  costs,  and  that  the  jurisdiction  of 

none  of  the  courts  above  mentioned  is  or  was  dependent  in  any  wise  upon  the 
opposite  parties  to  the  suit  or  controversy  being  aliens  and  citizens  of  the 
United  States,  or  citizens  of  the  different  states,  and  that  this  cause  does  not 
arise  under  the  patent  laws,  nor  the  revenue  laws,  nor  the  criminal  laws,  and 
that  it  is  not  an  admiralty  case,  and  that  it  is  a  proper  case  to  be  reviewed  by 
the  Supreme  Court  of  the  United  States  upon  writ  of  error;  and  therefore  your 
petitioner  would  respectfully  pray  that  a  writ  of  error  be  allowed  him  in  the 
above  entitled  cause  directing  the  clerk  of  the  United  States  Circuit  Court  of 

Appeals  for  the Circuit  to  send  the  record  and  proceedings  in  said 

cause  with  all  things  concerning  the  same,  to  the  Supreme  Court  of  the  United 
States,  in  order  that  the  errors  complained  of  in  the  assignment  of  errors  here- 
with filed  by  said  plaintiff  in  error  may  be  reviewed,  and  if  error  be  found, 
corrected  according  to  the  laws  and  customs  of  the  United  States. 

> 

Plaintiff  in  error, 
By , 

Ilis  attorney. 

The  foregoing  petition  is  granted  and  writ  of  error  allowed  as  prayed  for 
upon 's  giving  bond  according  to  law  in  the  sum  of  $ 

J 

Associate  Justice  of  the  Supreme  Court  of 
the  United  States. 

NOTES. 

26  U.  S.  Statutes  at  Large  828  (6). 

See  also  U.  S.  Rev.  Stat.  sec.  709. 

What  review^able. 
Review  of  judgment  of  highest  State  Court. 

Eau  Chiire  Nat.  Bank  v.  Jaoknian,  17  Am.  B.  R.  675. 

Frank  v.  Vollkommer,  17  Am.  B.  R.  806;  205  U.  S.  521;  51  L.  Ed.  911. 

Rector  V.  City  Deposit  Bank  Co.,  15  Am.  B.  R.  3.36;  204  U.  S.  522;  51  L.  Ed.  576. 

Judgment  that  a  person  is  or  is  not  a  bankrupt  entered  by  a  court  of  bankruptcy 
on  a  verdict  of  a  jury  demanded  as  of  right  under  sec.  10,  is  reviewable  in  the 
Supreme  Court  of  the  United  States  only  by  writ  of  error. 

Grant  Shoe  Co.  v.  Laird  Co.,  17  Am.  B.  R.  1 ;  203  U.  S.  502;  51  L.  Ed.  292. 

Bower  v.  Holzworth  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  22;  138  Fed.  28;  70  C.  C.  A. 
396. 

Elliott  V.  Toeppner,  9  Am.  B.  R.  50 ;  187  U.  S.  327 ;  47  L.  Ed.  200. 

Lennox  v.  Allen  Lane  Co.  et  al.  (C.  C.  A.  1st  Cir.),  21  Am.  B.  R.  648;  167  Fed. 
114;  92  C.  C.  A.  566;  In  re  Neasmith  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  128;  147  Fed. 
160;  77  C.  C.  A.  402. 

Hcw^  attested. 

Long  V.  Farmers'  State  Bank  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  103;  147  Fed. 
360;  77  C.  C.  A.  538. 


512  FORMS  IN  BANKRUPTCY. 

Writs  of  error. 

Objection  not  raised  below,  not  available. 

Frank  v.  Vollkonimer    (supra). 

Proceedings  in  bankruptcy,  as  a  general  rule,  are  proceedings  in  equity  and  orders 
and  decrees  therein  cannot  be  reviewed  by  writs  of  error. 

Lockman  v.  Lang  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  597;  128  Fed.  279;  62  C.  C.  A. 
550. 

Practice. 

Petition  with  assignment  of  errors  may  be  filed  with  clerk  of  Circuit  Court  of 
Appeals  or  clerk  of  the  Supreme  Court. 

Writ  is  tested  by  clerk  of  Supreme  Court  and  allowed  by  a  justice  of  said  court. 

Practitioner  should  consult, 

For  additional  forms  and  practice. 

Loveland's  Federal  Practice. 

Foster's  "Federal  Practice"    (4th  Ed.). 

Rose  "  Federal  Procedure." 


FORM  No.  325. 

WRIT  OF  ERROR  FROM  THE  SUPREME  COURT  OF  THE  UNITED 
STATES  TO  A  CIRCUIT  COURT  OP  APPEALS. 

\yrit  of  Error  from  the  Supreme  Court  of  the  United  States  to  a  Circuit  Court 

of  Appeals. 

United  States  of  America,  ss: 

The  President  of  the  United  States  to  the  Honorable,  the  Judges  of  the  United 

States  Circuit  Court  of  Appeals  for  the Circuit,  Greeting : 

Because,  in  the  record  and  proceedings,  as  also  in  the  rendition  of  the  judg- 
ment of  a  plea  which  is  in  the  said  Circuit  Court  of  Appeals  before  you, 

or  some  of  you,  between plaintiff  in  error,  and , 

defendant  in  error,  a  manifest  error  hath  happened,  to  the  great  damage  of  the 
said  plaintiff  in  error  as  by  his  complaint  appears.  We  being  willing  that 
error,  if  any  hath  been,  should  be  duly  corrected,  and  full  and  speedy  justice 
done  to  the  parties  aforesaid  in  this  behalf,  do  command  you,  if  judgment  be 
therein  given,  that  then  under  your  seal,  distinctly  and  openly,  you  send  the 
record  and  proceedings  aforesaid,  with  all  things  concerning  the  same,  to  the 
Supreme  Court  of  the  United  States,  together  with  this  writ,  so  that  you  have 
the  same  in  the  said  Supreme  Court  at  Washington,  within  thirty  days  from 
date  hereof,  that  the  record  and  proceedings  aforesaid  being  inspected,  the  said 
Supreme  Court  may  cause  further  to  he  done  therein  to  correct  that  error,  what 
of  right,  and  according  to  the  laws  and  customs  of  the  United  States,  should  be 
done. 


FORMS  IN  BANKRUPTCY.  513 

Witness,  the  Honorable   ,  Chief  Justice  of  the  United 

States,  the clay  of ,  in  the  year  of  our  Lord  one  thou- 
sand, nine  hundred  and 

(Seal  of  the  Supreme  Court  of  the  United  States.) 

> 

Clerk  of  the  Supreme  Court  of  the  United 
States. 

Allowed  by 

} 

Associate  Justice  of  the  Supreme  Court  of  the  United  States. 


FORM  No.  326. 

CERTIFICATE  OF  QUESTION    IN  A    BANKRUPTCY  PROCEEDING    BY 
A  CIRCUIT  COURT  OF    APPEALS  TO  THE  SUPREME  COURT. 

The  United  States  Circuit  Court  of  Appeals,  for  the Circuit. 


Appellants, 
VS. 


Appellees. 


This  is  an  appeal  from  the  District  Court  of  the District  of 

,  sitting  as  a  court  of  bankruptcy,  disallowing  a  claim  filed 

by  the  appellants  against  the  bankruptcy  estate  exceeding  five  hundred  dollars 
in  amount.     From  the  transcript  of  the  record  it  appears : 

First:     That  the  Company  is  a  corporation  organized,  and 

existing  under  the  laws  of  the  State  of ,  and  was  engaged  in 

business  at  the  City  of 

Second  :     While  insolvent,  the  said  Company,  on  the  ....  day  of 

19. .,  made  a  general  assignment  for  the  benefit  of  creditors,  under  the  general 

assignment  law  of  the  State  of ,  by  which  it  conveyed  to , 

as  assignee,  all  of  its  property  of  every  kind,  for  the  equal  benefit  of  all  of  its 
creditors.  The  assignee  accepted  the  trust  and  duly  qualified  by  executing  a 
bond  and  taking  the  oath  prescribed  by  the  State  Statute,  and  entered  into 
possession  of  all  the  assigned  estate.  The  deed  of  assignment  provided  that 
the  assignee  should  pay  '*  reasonable  counsel  and  attorney's  foes  for  preparing 
such  general  assignment  and  for  advice  and  services  to  be  furnished  and 


614  FORMS  IN  BANKRUPTCY. 

rendered  him  in  the  course  of  the  administration  of  the  trust  hereby  created.'^ 

Within  four  months  after  this  deed  of  assignment  the Company, 

upon  a  petition  by  three  of  its  creditors,  was  adjudicated  a  bankrupt  in  the 

District  Court  of  the  United  States  for  the district  of 

,  and  the  assignment  set  aside  as  in  contravention  of  the  Bankruptcy 

Act.     A  trustee  was  thereafter  duly  appointed,  who  has  duly  qualified  and 
taken  possession  of  the  estate  of  said  bankrupt. 

Third:  The  appellants  filed  a  claim  against  the  bankrupt  estate  for 
professional  services  rendered  the  bankrupt  in  preparing  the  said  general  as- 
signment for  the  benefit  of  creditors,  and  the  assignee  thereunder  in  advising 
and  acting  for  him  in  respect  to  his  duties  and  in  defending  a  suit  brought  to 
wind  up  the  corporation  in  a  State  Court,  and  for  services  rendered  the  assignee 
in  opposing  the  adjudication  of  bankruptcy. 
The  items  of  this  claim  were  as  follows : 


The  appellants  asserted  and  claimed  that  each  of  said  items  constituted  a  prior 
charge  upon  the  assets  and  asked  to  have  same  paid  by  the  trustee  in  preference 
to  the  unsecured  creditors.  The  trustee  and  certain  creditors  excepted  to  each 
item  of  this  account. 

The  referee  upon  the  evidence,  found  and  certified  that  the  services  had  been 
rendered  as  claimed  and  were  reasonably  worth  the  amount  claimed,  but  that 
the  same  did  not  constitute  expenses  allowable  as  a  priority  payment  and  were 

not  otherwise  a  lien.    He  allowed  the  item  of  $ as  an  unsecured  claim 

against  the  estate,  but  disallowed  the  other  items  as  not  being  debts  of  the 
bankrupt.  His  order  was  duly  excepted  to  and  the  questions  certified  to  the 
court  in  due  form.  The  District  Judge  sustained  the  referee  so  far  as  he  held 
the  claims  to  be  not  entitled  to  priority  and  adjudged  that  none  of  the  items 
constituted  a  debt,  provable  for  any  purpose  against  the  bankrupt  estate.  From 
this  judgment  the  appellants  have  appealed  and  assigned  error. 

Upon  this  state  of  facts  this  court  desires  the  instruction  of  the  Supreme 
Court,  that  it  may  properly  decide  the  questions  of  law  thus  arising: 

First :  Is  a  claim  for  professional  services  rendered  to  a  bankrupt  corpora- 
tion in  the  preparation  of  a  general  assignment,  valid  under  the  law  of  the 

State  of ,  entitled  to  be  paid  as  a  claim  entitled  to  priority 

out  of  the  estate  of  the  corporation  in  the  hands  of  a  trustee  in  bankruptcy, 
when  the  corporation  was  adjudicated  an  involuntary  bankrupt  within  four 
months  after  making  the  assignment,  and  the  assignment  set  aside  as  in 
contravention  of  the  bankrupt  law? 

Second :  Is  a  claim  for  professional  advice  and  legal  services  rendered  such 
an  assignee,  prior  to  an  adjudication  of  bankruptcy  against  the  assignor,  the 
assignment  providing  that  the  costs  and  expenses  of  administering  the  trust 
should  be  first  paid,  entitled  to  be  proven  as  a  priority  claim  against  the 
bankrupt  estate? 

Third :     Is  a  claim  against  such  an  assignee  for  legal  services  rendered  at 


FORMS  IN  BANKRUPTCY.  515 

his  employment  in  resisting  an  adjudication  of  involuntary  bankruptcy  against 
the  assignor,  allowable  as  a  priority  claim  when  the  necessary  effect  of  the 
adjudication  would  be  to  set  aside  the  assignment  under  which  the  assignee  was 
acting? 

Fourth :  If  not  entitled  to  be  allowed  as  priority  claims,  may  either  of  the 
items  described  in  the  foregoing  questions  be  proven  as  unsecured  debts  of  the 
bankrupt  corporation  ? 

It  is,  therefore,  ordered  that  a  copy  of  this  certificate,  under  the  seal  of  the 
court,  be  filed  with  the  clerk  of  the  Supreme  Court  at  Washington. 


Judges  of  the  United  States  Circuit  Court  of  Appeals  for  the 

Circuit  sitting  in  said  cause. 

NOTES. 

Randolph  v.  Scruggs  (U.  S.  Sup.),  10  Am.  B.  R.  1;  190  U.  S.  533. 
Right  to  certify. 

Power  may  be  exercised  by  either  a  judge  of  Circuit  Court  of  Appeals,  or  District 
Judge. 

If  from  District  Court,  the  question  certified  must  be  after  final  judgment. 
Bardes  v.  Bank,  3  Am.  B.  R.  680;  175  U.  S.  526;  44  L.  Ed.  261. 

And  a  question  of  jurisdiction. 

First  Nat.  Bank  v.  Klug,  8  Am.  B.  R.  12;  186  U.  S.  203;  46  L.  Ed.  1127;  Columbia 
Iron  Works  v.  Nat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340;  127  Fed.  99;  62 
C.  C.  A.  99. 

See,  also.  Van  Wagenen  v.  Sewall,  160  U.  S.  369;  40  L.  Ed.  460;  Maynard  v. 
Hecht,  151  U.  S.  324;  McLish  v.  Roff,  141  U.  S.  661. 

If  from  Circuit  Court  of  Appeals,  any  question  on  which  the  court  desires  instruc- 
tion may  be  certified  up.  Such  certificate  brings  up  only  questions  of  law.  Cross  ▼. 
Evans,  167  U.  S.  60;  42  L.  Ed.  77. 


TITLE    XV. 

PARTICULAR  WRITS  AND  INDICTMENTS. 


FOBM  No.  327  Order  of  Ne  Exeat 

328.  Bond  on  Ne  Exeat. 

329.  Petition  for  writ  of  Habeas  Corpus. 

330.  Writ  of  Habeas  Corpus. 

331.  Petition  for  Writ  of  Mandamus. 

332.  Petition  for  Writ  of  Certiorari. 

333.  Notice  of  Application. 

334.  Motion  for  Writ  of  Certiorari. 

335.  Writ  of  Certiorari. 

336.  Indictment  for  Conspiracy  to  conceal  Property  from  Trustee. 

FORM  No.  327. 

ORDER  OF  NE  EXEAT. 

United  States  District  Court, 

for  the District  of , . . . ,,.. 

In  Bankruptcy. 


In  the  Matter 

OF 


JBankrvpt. 


To  the  United  States  Marshal  for  the District  of , 

or  any  of  his  deputies : 
Whereas,  it  appears  to  the  satisfaction  of  the  District  Court  of  the  United 

States  for  the    District  of    sitting  in 

bankruptcy,  on   the  petition  of    ,  duly   verified,   and   the 

affidavits  of and ,  wheref rom  it  a])peais 

that  the  said  bankrupt  is  greatly  indebted  to  the  said  petitioners  and  other 
creditors,  and  that  he  has  disposed  of  all  of  his  property  for  the  purpose  of 
hindering,  delaying  and  defrauding  the  petitioners  and  other  creditors,  and  is 
about  to  leave  the  district,  and  the  jurisrliction  of  this  court  (to  avoid  exaniina- 

516 


FORMS  IN  BANKRUPTCY.  517 

tion),  and  the  said  alleged  bankrupt  has  disposed  of,  removed  and  concealed 
all  of  his  property  with  intent  to  hinder,  delay  and  defraud  the  petitioners  and 
other  creditors  for  the  purpose  of  going  into  other  parts  beyond  the  jurisdiction 
of  this  court,  tending  to  the  great  prejudice  and  damage  of  these  petitioners 
and  the  creditors  of  the  said  bankrupt,  and  to  the  prejudice  of  and  intending 
to  impair,  impede  and  defeat   the  orders  and   decrees  of  this  court  in  this 

matter  of  and  concerning  the  person  and  property  of said 

bankrupt. 

Now,  therefore,  in  order  to  prevent  this  injustice,  we  command  you  tliat  you 
do  without  delay,  apprehend  and  take  into  custody said  bank- 
rupt, and  to  bring  him  forthwith  before  me  for  examination,  or  at  his  oi)tion, 

to  cause  him  to  give  suflficient  bail  or  security  in  the  sum  of 

dollars,  to  be  approved  by  this  court,  or  the  clerk  thereof,  that  he,  the  said 

will  not  depart  from  or  go,  or  attempt  to  depart  from  or  go 

beyond  the  territorial  jurisdiction  of  this  court  without  its  leave,  and  will  at  all 
times  and  in  all  manner,  respect  and  things,  obey  and  comply  with  the  lawful 
orders  and  decrees  of  the  Court  herein  for  his  examination,  which  shall  or  may 
be  made  on  behalf  of  the  said  petitioners  or  other  creditors  of  the  said  bank- 
rupt. 

Witness,  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  sitting  in  the   District  of   ,  at 

the  Federal  Court  House ,  City  of , , 

on  the day  of 19 . . . 


District  Judge  of  the  District  Court  of  the 

United  States  for  the District 

of 

NOTES. 

Order  in  nature  of  writ  of  ne  exeat. 
See  Act.  Sec.  9-b,  Sec.  2,  (15). 

Collier   (7th  Ed.),  202-203. 

Limitations  as  to  time,  important. 

Affidavits  of  two  persons  are  necessary. 

Bankrupt  may  move  for  release  or  furnish  bond. 

Not  limited  under  broad  powers  of  sec.  2  (15)  to  purposes  of  examination,  under 
which  section  the  application  is  usually  made. 

In  re  Cohen   (D.  C.  111.),  14  Am.  B.  R.  355;   126  Fed.  599. 

In  re  Lipke  (D.  C.  N.  Y.),  3  Am.  B.  R.  569,  98  Fed.  970. 

Curing  irre<;ularity. 

In  re  Berkowitz   (D.  C.  N.  J.),  22  Am.  B.  R.  231. 

A  warrant  cannot  be  issued  under  this  subsection  solely  as  a  basis  for  extradition 
proceedings  in  another  district  to  bring  the  bankrupt  to  the  district  in  which  the  deten- 
tion warrant  has  been  issued. 

In  re  Ketchum  (C.  C.  A.  6th  Cir.),  5  Am.  B.  R.  532;  108  Fed.  35:  reported  as  In 
re  Hassenbusch,  47  C.  C.  A.  177;  dist'g. 

In  re  Lipke   (supra) . 

What  constitutes  waiver  of  examination. 


518  FORMS  IN  BANKRUPTCY. 

In  re  Lipke    (supra). 

Where  bankrupt  is  released  iipon  giving  a  bond  conditioned  to  remain  constantly 
within  the  jurisdiction  of  the  court,  his  absence  therefrom  from  time  to  time  constitutes 
a  breach  of  the  bond. 

In  re  Appel   (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  890,  163  Fed.  1002;  90  C.  C.  A.  172 

The  bankruptcy  court  has  power  to  cancel  the  bond;   In  re  Appel    {supra). 

As  to  sufficiency  of  affidavit  on  application. 

Hoffslaeger  Co.  v.  Young  Nap.,  12  Am.  B.  R.  510. 


FORM  No.  328. 

BOND  ON  NE  EXEAT. 

Know  all  men  by  these  presents :     That  we Principal,  and 

and sureties,  are  held  and  firmly 

bound  unto  the  People  of  the  United  States  of  America  in  the  sum  of 

(....)  dollars,  lawful  money  of  the  United  States :  for  which  payment  well 
and  truly  to  be  made,  we  bind  ourselves  and  our  several  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  the day  of .,  nineteen 

hundred  and 

Whereas  a  certain  proceeding  in  bankruptcy  was   duly  instituted   in   the 

district  court  of  the  United  States,  for  the district  of 

on  the day  of ,  10 .  . ,  by and 

praying  that  they  be  adjudicated  bankrupts;  and 

Whereas  in  the  said  proceeding  upon  proof  made  to  the  satisfaction  of  the 

district  court  of  the  United  States  for  the district  of , 

a  writ  was  granted  by  the  Hon ,  Judge  of  said  court  in 

said  district,  commanding  the  United  States  marshal  in  and  for  the 

district  of to  apprehend  and  take  into  custody  the  said 

and and  to  require  each  of  them  to  give  bail 

in  sum  of (••••)  dollars,  that  they  the  said 

and will  not  depart  or  go  or  attempt  to  go  or  depart  from  or 

beyond  the  jurisdiction  of  the  United  States  District  Court  for  the 

district  of in  bankruptcy,  without  the  leave  of  the  said  United 

States   District  Court  for  the    district  of    in 

bankruptcy,  first  had  and  obtained,  and  will  and  at  all  times  and  in  all 
matters,  respects  and  things,  promptly  and  punctually  obey  and  comply  with 
the  lawful  orders  and  decrees  of  the  said  court  which  shall  or  nuiy  be  made 
in  tiie  said  proceedings  in  behalf  of  the  petitioner  and  other  creditors  of  the 

said and ,  in  which  the  creditors  of 

the  said and shall  or  may  be  interested 

or  in  any  way  concerned :  and 

Whereas  the  United  States  marshal  in  and  for  the district 


FORMS  IN  BANKRUPTCY.  519 

of ,  pursuant  to  the  said  writ,  did  apprehend  and  take 

into  custody  the  said and who  heing  desirous 

of  giving  the  security  in  and  by  said  writ  required  for  the  performance  of  the 
lawful  orders  and  decrees  of  said  district  court  of  the  United  States,  as  in  said 
writ  provided,  and  renuiining  within  said  jurisdiction. 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the  bounden 

and shall  not  depart  or  go  or  attempt  to 

go  or  depart  from  or  beyond  the  jurisdiction  of  the  United  States  District 

Court  for  the   district  of   in  bankruptcy, 

without  the  leave  of  the  said  court  first  had  and  obtained,  and  will  at  all  times 
and  in  all  matters,  respects  and  things  obey  and  comply  with  the  lawful  orders 

and  decrees  of  the  said  District  Court  of  the  United  States  for  the 

district  of in  bankruptcy,  which shall  or 

may  be  made  in  the  said  proceeding  in  behalf  of  the  petitioners  and  other 

creditors  of  the  said   and    ,  then  this 

obligation  to  be  void:  otherwise  to  be  and  remain  in  full  force,  virtue  and 

effect. 

In  presence  of: 

District  of ,  ss: 


On  this  ....  day  of 19.  .,  before  me  personally  appeared 

the  foregoing  and  within  named and , 

to  me  known  and  known  to  me  to  be  the  individuals  described  in  and  who 
executed  the  foregoing  undertaking  and  severally  acknowledged  to  me  that  they 
executed  the  same. 


U.  S.  Commissioner. 
Approved  as  to  form  and  sufficiency. 


U.  S.  Commissioner. 
[Acknowledgment  by  Sureties.] 


FORM  No.  329. 

PETITION  FOR  WRIT  OF  HABEAS  CORPUS. 

To  the  Honorable ,  Judge  of  the Court 

of  the  United  States  for  the district  of : 

,  your  petitioner,  respectfully  alleges  and  shows : 

I.  That  your  petitioner  is  a  citizen  of  the  United  States,  an  inhabitant  and 

citizen  of  the  State  of and  a  resident  of in  this 

district, 

II.  Your  petitioner  has  verified  and  filed  in  the  district  court  for  the 


520  FOEMS  IN  BANKRUPTCY. 

district  of   ,  a  petition  that  he  may  be  forthwith 

adjudged  a  voluntary  bankrupt,  upon  which  he  has  been  duly  adjudicated 

such  bankrupt  on  the day  of 19 .  .,  and  the  proceeding 

duly  referred  to ,  one  of  the  referees  in  bankruptcy. 

III.  Your  petitioner  is  and  since ,  19 .  .,  has  been  actually 

confined  and  imprisoned  in  the  county  jail  of County  by 

the  Sheriff  thereof,  under  and  by  authority  of  an  execu- 
tion against  his  person  for  the  amount  of  costs  obtained  against  him  by  one 

,  in  an  action  brought  by  your  petitioner  in  the  Supreme 

Court  of  the  State  of ,  against  said ,  for  false 

imprisonment  and  other  wrongs  committed  by  said against  your 

petitioner;  and  such  imprisonment  is  for  no  other  cause. 

IV.  That  the  claim  to  enforce  which  said  body  execution  was  issued,  is  one 
constituting  a  debt  dischargeable  in  bankruptcy. 

V.  That  it  is  impossible  for  your  petitioner  to  attend  at  the  meeting  of 
creditors  or  other  proceedings  before  said  referee  in  bankruptcy,  or  to  comply 
with  orders  in  bankruptcy  or  to  qualify  himself  by  such  compliance  for  his 
discharge  and  the  bankruptcy  law  will  be,  so  far  as  its  beneficial  provisions  are 
concerned,  as  to  him,  nullified,  if  his  imprisonment  shall  continue  during  the 
pendency  of  said  proceedings  in  bankruptcy. 

Wherefore,  your  petitioner  prays  that  a  writ  of  habeas  corpus  issue  directed 

to ,  sheriff  of County  as  aforesaid  or  to 

any  of  his  deputies  requiring  him  or  them  to  bring  and  have  your  petitioner 
before  this  court  at  a  time  to  be  by  it  determined  together  with  the  true  cause 
of  his  detention  to  the  end  that  due  inquiry  may  be  had  in  the  premises,  and 
for  his  release  either  absolutely,  or  during  the  pendency  of  said  bankruptcy 
proceedings,  and  upon  such  terms  as  may  be  proper  to  enable  your  petitioner 
to  comply  with  the  orders  in  bankruptcy  and  so  far  as  it  may  be  proper  to 
maintain  the  jurisdiction  of  said  district  court  in  bankruptcy.  And  your 
petitioner  will  ever  pray. 


Petitioner. 

» 

Attorney  for  petitioner. 


(Verification.) 


NOTES. 


Habeas  Corpus. 

Sec.  9  (a) 

General  Orders  XII,  XXX. 

When  bankrupt  entitled  to  writ. 

U.  S.  ex  rel.  Mansfield  v.  Flynn,  Supt.,  etc.,  23  Am.  B.  R.  294. 

Does  not  warrant  a  release  from  custody  under  an  arrest  made  before  the  filinrj 
of  the  bankruptcy  petitinp. 


FORMS  IN  BANKRUPTCY.  B21 

In  re  Claiborne  (D.  C.  N.  Y.),  5  Am.  B.  R.  812;  109  Fed.  74. 

Otherwise  if  detention  is  based  upon  a  contractual  obligation. 

People  ex  rel,  Taranto  v.  Erlanger   (D.  C.  N.  Y.),  13  Am.  B.  R.  197;  132  Fed.  883. 

Bankrupt  entitled  to  release  from  imprisonment  when  detained  under  an  order  of 
the  Federal  Court  made  after  adjudicatiou  in  conversion  action. 

In  re  Wenman    (1).  C.  N.  Y.),   IG  Am.  B.  R.  ()!)0;    1.5:5  Fed.  910. 

When  claim,  though  provable,  is  not  dischargeable,  the  writ  will  not  be  grantetl. 

In  re  Baker   (D.  C.  Kas.),  3  Am.  B.  R.  101  ;  90  Fed.  V.5-1. 

In  re  Marcus  (C.  C.  A.  1st  Cir.),  5  Am.  B  R.  365;  10.5  Fed.  907;  45  C.  C.  A.  115. 
Contra. 

In  re  Lewensohn   (D.  C.  N.  Y.),  3  Am.  B.  R.  594;  98  Fed.  576. 

In  re  Dresser   (D.  C.  N.  Y.),  10  Am.  B.  R.  270;   124  Fed.  915. 

In  re  Adler  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  414;  144  Fed.  659;  75  C.  C.  A.  461; 
In  re  Hilton,  4  Am.  B.  R.  774;   104  Fed.  981. 

When  entitled  to  writ  from  allegations  of  pleadings. 

Barrett  v.  Prince  (C.  C.  A.  7th  Cir.),  16  Am.  B.  R.  64;  143  Fed.  302;  74  C.  C.  A. 
440. 

Pending  petition  to  review  an  order  denying  a  petition  to  revoke  a  discharge,  court 
may  restrain  the  arrest  of  bankrupt  based  upon  a  claim  within  sec.  9-a. 

In  re  Chandler,  13  Am.  B.  R.  614;   135  Fed.  893. 

Application  may  be  made  to  either  state  or  federal  court. 

U.  S.  ex  rel.  Scott  v.  McAleese  (C.  C.  A.  3rd  Cir.),  1  Am.  B.  R.  650;  93  Fed.  656; 
35  C.  C.  A.  529. 

When  bankrupt  is  imprisoned  by  State  Court  for  contempt,  writ  should  not  be 
granted. 

In  re  Fritz   (D.  C.  N.  Y.),  18  Am.  B.  R.  244;   152  Fed.  562. 

Also,  when  imprisoned  for  contempt  of  order  in  the  bankruptcy  proceedings. 

In  re  Alper,  19  Am.  B.  R.  612. 

Bankruptcy  Court  has  jurisdiction  to  punish  for  contempt  of  its  authority  and 
its  action  is  not  reviewable  by  Circuit  Court  upon  writ  of  habeas  corpus 

Ex  Parte  O'Neal,  11  Am.  B.  R.  196:  125  Fed.  967. 

In  re  Bick  (C.  C.  N.  Y.),  19  Am.  B.  R.  68;   155  Fed.  908. 

Bankrupt  arrested  under  a  judgment  for  breach  of  promise  to  marry,  entitled  to 
writ. 

In  re  Fife,  6  Am.  B.  R.  258;  109  Fed.  880. 

Judgment  in  action  for  assault  and  battery. 

Determination  as  to  whether  injury  was  wilful  and  malicious. 

U.  S.  ex  rel.  Kelley  v.  Peters   (D.  C.  111.),  22  Am.  B.  R.  177. 

Imprisoned  upon  a  judgment  for  support  of  bastard  child,  not  entitled  to  writ. 

In  re  Baker,  3  Am.  B.  R.  101  ;  96  Fed.  954. 

District  Court  has  power  to  release  upon  habeas  corpus  bankrupt  under  arrest  in 
State  Court  for  non-payment  of  alimony. 

Wagner  v.  United  vStates  and  Houston  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  596;  104 
Fed.  133:  43  C.  C.  A.  445. 

Habeas  corpus  ad  testificandum 

Not  granted  by  bankruptcy  court  to  require  production  of  witness  for  examination, 
when  witness  is  confined  in  a  hospital  for  the  criminal  insane  in  another  state. 

In  re  Thaw  (C.  C.  A.  3rd  Cir.),  21  Am   B.  R.  561;  172  Fed.  288. 


532  FORMS  IN  BANKRUPTCY. 

FORM  No.  330. 

"WRIT  OP  HABEAS  CORPUS. 

The  President  of  the  United  States  to    Esq.,  United 

States  Marshal  for  the district  of ,  greeting : 

We  command  you,  that  you  have  the  body  of   by  you 

imprisoned  and  detained,  as  it  is  said,  together  with  the  time  and  cause  of  such 
imprisonment  and  detention,  by  whatsoever  name  he  shall  be  called  or  charged 

before  the court  of  the  United  States  in  and  for  the 

district  of in  the circuit,  on  the day 

of ,  19.  .,  at  ...  o'clock  in  the noon  of  that  day,  to 

do  and  receive  what  shall  then  and  there  be  considered  concerning  the  said 
;  and  have  you  then  there  this  writ. 

Witness  the  Honorable Chief  Justice  of  the  Supreme  Court 

of  the  United  States,  the day  of ,  one  thousand,  nine 

hundred  and  


Clerk  of  the Court  of  the  United 

States  for  the District  of 

The  foregoing  writ  is  hereby  allowed.     The  petitioner  may  be  admitted  to 
bail  in  the  sum  of  $ pending  the  proceedings  thereon. 


U.  S.  Judge. 


FORM  No.  331. 

PETITION  FOR  "WRIT  OF  MANDAMUS. 


TiTLK. 


To  the  Honorable ,  Chief  Justice  of  the  United  States,  and 

the  .Associate  Justices  of  the  Supreme  Court  of  the  United  Ptatc?: 


FORMS  IN  BANKRUPTCY.  523 

The  petition  of ,  a  citizen  and  resident  ef  the  City  of 

,  State  of respectfully  shows : 

I.  [Here  recite  fully  nature  of  proceeding  and  all  steps  taken  in  Courts 
below.] 

II.  [Recite  order  and  error  complained  of.] 

Wherefore,  your  petitioner  prays  that  a  rule  be  made  and  issue  from  this 

Honorable  Court,  directing  the  said to  show  cause,  why  a 

writ  of  mandamus  should  not  issue  commandinsf  the  said 

Court  (or  Judge)  to,  etc.  (Set  forth  relief  required),  or  for  such  other  and 
further  relief  as  to  this  Honorable  Court  may  seem  just  and  meet. 

And  your  petitioner  will  ever  pray,  etc. 


Attorney  for  petitioner. 
Address. 


Counsel. 
(Verification.) 


NOTES. 


"Writ  of  mandamus  is  to  compel  the  performance  of  a  clear  legal  duty,  where  party 
aggrieved  has  no  other  adequate  remedy. 

When  lower  court  refuses  to  act  on  a  matter  properly  before  it,  mandamus  will  lie. 

When  granted. 

Requiring  district  judge  to  allow  appeal  from  order  refusing  confirmation  of  compo- 
sition. 

United  States  ex  rel.  Adler  v.  Hammond  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  736;  104 
Fed.  862;  44  C.  C.  A.  229;  rev'g  4  Am.  B.  R.  583;  103  Fed.  444. 

When  application  for  writ  denied, 

In  re  Plaut,  Trustee,  21  Am.  B.  R.  929. 

In  re  McCall  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  670;  145  Fed.  898;  76  C.  C.  A.  430. 

An  order  appointing  a  receiver. 

Edinburg  Coal  Co.  v.  Humphreys  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  593;  134  Fed. 
839;  67  C.  C.  A.  435. 

In  re  Saratoga  Gas  etc.  Co  ,  21  Am.  B.  R.  592. 

Peremptory  writ  from  circuit  court  of  appeals  to  district  judge  to  compel  compliance 
with  decision  of  Supreme  Court. 

Ex  parte  1st  Nat.  Bank  of  Chicago  (U.  S.  Sup.),  19  Am.  B.  R.  542;  207  U.  S.  61 ;  52 
L.  Ed.  108:  rev'g  ex  parte  Chicago  Title  &  Trust  Co.,  16  Am.  B.  R.  848,  146  Fed.  742;  77 
CCA.  408. 


524  FORMS  IN  BANKRUPTCY. 


FORM  No.  332. 

PETITION   FOR  "WRIT  OF  CERTIORARI,  TO   REMOVE    A  CAUSE    FOR 

REVIETAT. 


In  the  Supreme  Court  of  the  United  States, 
Term  A.  D.  19.  .. 


Petitioner, 
vs. 


Respondent. 


Petition  for  writ  or  certiorari  to  the  United  States  Circuit  Court  of  Appeals 

for  the Circuit,  requiring  it  to  certify  to  the  Supreme  Court 

of  the  United  States  for  its  revision  and  determination  the  petition  for  review 
in  bankruptcy  taken  by  said  petitioner  against lately  pend- 
ing in  said  Court  of  Appeals. 

To  the  Honorable,  the  Chief  Justice  and  Associate  Justices  of  the  Supreme 
Court  of  the  United  States : 

The  petition  of filed  by  virtue  of  the  provisions  of  Section 

25-d  of  the  Bankruptcy  Act  of  1898  and  the  amendments  thereof  respectfully 
represents  as  follows : 

First:  That  this  cause  involves  a  question  of  far  reaching  importance  to 
mercantile  and  business  interests,  and  upon  which  the  decisions  of  the  circuit 
courts  of  appeal  in  the  different  circuits  are  at  variance,  thus  necessitating  an 
authoritative  determination  thereupon  by  this  court. 

Second  :    The  question  involved  is  as  follows : 
[Recite  in  full ;  also  proceedings  and  findings  in  courts  below.] 

Your  petitioner  annexes  hereto  his  brief  in  support  of  this  petition. 

Wherefore,  your  petitioner  prays  tha.t  a  writ  of  certiorari  may  be  issued  out  of 
and  under  the  seal  of  this  court,  directed  to  the  United  States  Circuit  Court  of 

Appeals  for  the   Circuit,  commanding  said  court  to  certify 

and  send  to  this  court,  a  full  and  complete  transcript  of  the  record  in  all 
proceedings  in  said  Circuit  Court  of  Appeals  in  the  case  therein,  entitled 

against on  petition  of 

for  review  No.  ...  to  the  end  tliat  said  case  may  be  reviewed  and  dotei-inined 
by  this  court,  as  provided  by  law ;  and  that  the  judgment  of  the  said  Circuit 


FORMS  IN  BANKRUPTCY.  535 

Court  of  Appeals  in  said  case  may  be  reversed  and  modified  as  follows : 

And  your  petitioner  will  ever  pray. 

> 

Petitioner. 

> 

Attorney  for  petitioner. 


(Verification.) 

NOTES. 

Certiorari.    Sec.  25-d     26  U.  S.  Stat,  at  large  826-829. 

See  rules  of  supreme  court  as  to  writs  of  certiorari  directed  to  circuit  court  of  appeals 
only  and  may  be  asked  only  in  those  cases  where  the  ultimate  decision  of  that  court  is  final. 

Mueller  v.  Nugent,  7  Am.  B.  R.  224;  184  U.  S.  1 ;  46  L.  Ed.  405. 

Forsyth  v.  Hammond,  166  U.  S.  506. 

First  National  Bunk  v.  Chicago  Title  &  Trust  Co.,  14  Am.  B.  R.  102;  198  U.  S.  280; 
rev'g  11  Am.  B.  R.  79,  134  Fed.  562;  67  C.  C.  A.  486; 

Application  by  petition  to  supreme  court  with  printed  record  of  the  case,  must  file 
certified  copy  of  the  entire  record  in  circuit  court  of  appeal.  Application  must  be  made 
within  a  reaf=onable  time. 

Decided  on  brief.s;  oral  argument  not  permitted. 

Effect  of  writ  if  granted  is  to  remove  the  question  to  the  Supreme  Court. 

American  Corset  Co.  v.  .Jacksonville,  etc.,  148  U.  S.  372. 

Cases  where  writ  has  been  held  to  lie  and  been  granted. 

In  re  Watts,  10  Am.  B.  R.  113;  190  U.  S.  1. 

Holden  v.  Stratton,  10  Am.  B.  R.  786;     191  U.  8.  115;  48  L.  Ed.  116. 


53e  FORMS  IN  BANKRUPTCY. 


FORM  No.  333. 

NOTICE  OP  APPLICATION  TO  THE    SUPREME  COURT  FOR  WBIT  OP 

CERTIORARI. 

United  States  Circuit  Court  of  Appeals  for  the Circuit: 


.  ...,Plaintiif  in  Error  (or  Appellant) 

against 
— jDefendant  in  Error    (Appellee) 


Sir: 

Notice  is  hereby  given  that  the  defendant  in  error  (or  Appellee)"  will  on 

Monday,  the   day  of   ,  19 . . ,  upon  his  duly  verified 

petition  and  a  certified  copy  of  the  entire  record  in  this  cause  move  before 
the  Supreme  Court  of  the  United  States  in  the  Courtroom  thereof,  at 
the  Capitol  Building,  in  the  City  of  Washington,  D.  C.  on  the  opening  of 
court  on  that  day  or  as  soon  thereafter  as  counsel  can  be  heard,  for  a  writ  of 
certiorari  removing  this  cause  to  said  Supreme  Court  of  the  United  States  and 
that  a  copy  of  said  petition  and  brief  in  support  thereof,  are  herewith  delivered 
to  you. 

Dated 19... 


Attorney  for  Defendant  in 
Error  (or  Appellee) . 
To 

Esq., 

Attorney  for  plaintiff  in  Error  (or  Appellant) . 

NOTES. 

Sufficient  notice  must  be  given  counsel  for  respondent  of  day  selected  to  enable  them 
to  file  briefs  in  opposition  if  they  desire. 

Proof  of  scrvifc  or  admission  must  be  filed  in  cb-rk's  off^^-  -. 


FORMS  IN  BANKRUPTCY. 


527 


FORM  No.  334. 

MOTION  FOR  WRIT   OF   CERTIORARI  FROM  THE   SUPREBCE   COURT 
TO  A  CIRCUIT  COURT  OF  APPEALS. 

The  Supreme  Court  of  the  United  States, 
Term. 


Petitioner, 


vs. 


Respondent. 


Comes  now    ,  by    Esq.,  its  counsel, 

and  moves  this  Honorable  Court  that  it  shall  by  certiorari  or  other  proper 
process  directed  to  the  Honorable,  the  Judges  of  the  United  States  Circuif: 

Court  of  Appeals  for  the Circuit,  require  said  court  to  certify 

to  this  court  for  its  review  and  determination  a  certain  cause  in  said  Court 

of  Appeals  lately  pending,  wherein  the  respondent,  was 

plaintiff  in  error  (or  appellant)   and  your  petitioner,   , 

defendant  in  error,  (or  appellee,)  and  to  that  end  it  now  tenders  herewith  its 
petition  and  brief  with  a  certified  copy  of  the  entire  record  in  said  cause 
in  said  Circuit  Court  of  Appeals. 


Counsel 


528  FORMS  IN  BANKRUPTCY. 


FORM  No.  335. 

WRIT  OF  CERTIORARI  FROM  THE    SUPREME  COURT  TO  A  CIRCUIT 

COURT  OF  APPEALS. 

The  United  States  of  America,  ss: 

The  President  of  the  United  States  of  America,  to  the  Honorable  the  Judges 

of  the  United  States  Circuit  Court  of  Appeals  for  the Circuit, 

Greeting : 

Being  informed  that  there  is  now  pending  before  you  a  suit  (or  proceeding) 

in  which is  plaintiff  in  error  (or  appellant)  and 

is  defendant  in  error  (or  appellee),  which  suit  (or  proceeding)  was  removed 
into  the  said  circuit  court  of  appeals  by  virtue  of  writ  of  error  to  (or  appeal 

from)  the  district  (or  circuit)  court  of  the  United  States  for  the 

district  of ,  and  we,  being  willing,  for  certan  reasons,  that  the  said 

cause  and  the  record  and  proceedings  therein  should  be  certified  by  the  said 
circuit  court  of  appeals  and  removed  into  the  Supreme  Court  of  the  United 
States,  do  hereby  command  you  that  you  send  without  delay  to  the  said  supreme 
court,  as  aforesaid,  the  record  and  proceedings  in  said  cause,  so  that  the  said 
Supreme  Court  may  act  thereon  as  of  right  and  according  to  law  ought  to  be 
done. 

Witness  the  Honorable ,  Chief 

Justice  of  the  United  States,  the 

day  of ,  in  the  year  of  our 

Lord  one  thousand  nine  hundred  and 


Cleric  of  the  Supreme  Court  of 
the  United  States. 


FORM  No.  336. 

INDICTMENT  FOR  CONSPIRACY  TO  CONCEAL  PROPERTY  FROM 

TRUSTEE. 

Circuit  Court  of  the  United  States  of  America  for  the 

District  of   ,  in  the   Circuit. 

At  a  Stated  Term  of  the  Circuit  Court  of  the  United  States  of  America  for 

the District  of ,  in  the Circuit, 

begun  and  held  in  the  City  of ,  within  and  for  the  District  and 

Circuit  aforesaid,  on  the of in  the  year 

of  our  Uord  one  thousand  nine  hundred  and and  continued  by 


FORMS  IN  BANKRUPTCY.  529 

adjournment  to  and  including  the day  of in  the  year 

of  our  Lord  one  thousand  nine  hundred  and 

District  of ,  ss:  The  Grand  Jurors  of  the  United 

States  of  America  within  and  for  tlie  Distrit-t  and  Circuit  aforesaid,  on  their 

oatli  present  that , , , 

and ,  with  other  persons  to  the  jurors  unknown, 

late  of  the  City  of ,  County  of ,  in  the  District 

and  Circuit  aforesaid,  Yeomen  heretofore,  to  wit,  on  the  ....  day  of , 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and ,  at 

the  District  of  ,  and  within  the  jurisdiction 

of  this  Court,  did  unlawfully  and  wilfully  conspire  to  commit  an  offence  against 
the  United  States,  in  and  by  corruptly  and  fraudulently  agreeing  together,  in 

anticipation  of  the  involuntary  bankruptcy  of  the ,  a  domestic 

corporation,  to  be  brought  about  and  accomplished  by  the  said , 

with  the  knowledge  and  connivance  of  the  said  other  conspirators,  to  conceal 
from  the  trustee  in  bankruptcy  of  the  said  corporation,  to  be  thereafter  ap- 
])ointed,  certain  property,  hereinafter  to  be  mentioned,  belonging  to  the  estate 

in  bankruptcy  of  the  said ,  it  being  then  and  there  a  part  of 

said  scheme  and  conspiracy  for  the  said ,  who  was  President 

and  General  Manager  of  the  business,  and  owner  of  a  majority  of  the  stock 
of  said  corporation,  with  the  knowledge  and  connivance  of  the  said  other 
conspirators,  to  cause  the  said  corporation  to  commit  acts  of  bankruptcy,  with 
a  view  to  force  the  filing  of  a  petition  in  bankruptcy  against  the  said  corpora- 
tion in  the  District  Court  of  the  United  States  in  and  for  the 

District  of :  it  being  then  and  there,  with  the  knowledge  and 

connivance  of  the  said  other  conspirators,  also  a  part  of  the  said  conspiracy  for 

the  said    ,  as  President,  General  Manager  and  principal 

stockholder  of  said  corporation  as  aforesaid  to  make  no  opposition  to  the 
involuntary  bankruptcy  aforesaid,  and  to  consent,  without  answer,  to  an 
adjudication  of  bankruptcy  against  the  said  corporation :  and  after  the  forma- 
tion and  arrangement  of  the  said  conspiracy,  on  the day  of 

in  the  year  of  our  Lord  nineteen  hundred  and ,  a  petition  in 

involuntary  bankruptcy  against  the  said  corporation  was  filed  in  the  said 

court  by , and ,  creditors,  who  had  provable 

claims  against  the  said  alleged  bankrupt,  aggregating 

dollars  and cents:  and  among  other  things  in  said  petition  alleged  the 

insolvency  of  the  said  corporation  and  that  with  intent  to  hinder,  delay  and 

defraud  its  creditors,  the  said had  transferred,  removed  and 

concealed  property  of  the  said  company,  of  the  value  of dollars : 

all  in  violation  of  the  bankruptcy  laws  of  the  United  States.  And  upon  the 
filing  of  the  said  petition  a  subpama  was  duly  issued  by  the  said  court,  directed 
to  the  said  alleged  bankrupt,  requiring  a  personal  appearance  before  the  said 
court  to  answer  said  petition :  and,  on  the  same  day, attorney 


530  FORMS  IN  BANKRUPTCY. 

of  the  alleged  bankrupt,  of  the  choosing  of  the  said ,  President, 

Manager  and  stockholder  of  said  corporation  as  aforesaid,  consented  in  writing 
to  the  entry  of  an  order  appointing  a  receiver  of  the  property  of  the  said  alleged 

bankrupt :  and  on  the  same  day,  at  the  instance  of  the  said ,  as 

such  President  and  Manager  of  the  said  corporation,  the  said  attorney  filed  in 
the  said  court  a  notice  of  appearance  as  attorney  of  the  said  alleged  bankrupt. 

And  on  the day  of ,  19.  .,  at  the  instance  of  the  said 

,  President  and  Manager  as  aforesaid,  in  default  of  an  answer, 

the  said   ,  was  declared  and  adjudged  a  bankrupt  by 

Honorable ,  Judge  of  the  said  District  Court,  having  lawful 

authority  thereto. 

And  at  a  meeting  of  the  creditors  of  the  said  bankrupt,  held  on  the 

day  of of  the  same  year,  ,  was  elected  and 

appointed  trustee  of  the  estate  of  the  said  bankrupt,  and  (duly)  qualified  as 
such  on  the  same  day. 

And  to  effect  the  object  of  the  said  conspiracy,  the  said ,  on 

the  said day  of in  the  year  last  aforesaid,  caused  and 

procured  the  removal  and  concealment  of the  property  of 

the  said  corporation,  which  said  removal  was  then  and  there  accomplished 
under  the  direction  of  said ,  an  employee  of  the  said  corpora- 
tion ;    then   and   there  being   so   removed  from   the 

premises  of  the  said  corporation  at  Number Street,  in  said  City,  to 

in  the  said  City  and  said  County ;  and  on  the  same  day  the 

said at  the  instance  of  the  said ,  as  aforesaid, 

caused  and  procured  the  removal  from  the  premises  of  the  said  corporation  as 

aforesaid  the  said    and  their  conveyance  thence  to 

;  and  the  said ,  at  the  instance 

of  the   said    ,    (who   signed   the   schedules   of   the 

property  of  said  bankrupt  in  behalf  of  said  corporation  by  the  name  of , 

Prest.,)  were  withheld  and  omitted  by  him  from  said  schedules,  which  were 

filed  in  said  court  on  the day  of in  the  said  year :  and 

the  oath  to  said  schedules  was  taken  by  the  said ,  as  President  as 

aforesaid,  on  the    day  of    in  the  year  last  aforesaid, 

before ,  Comm.  of  Deeds, ,  and  the  said  property  was 

never  turned  over  to  the  said  trustee,  but  was  concealed  from  him  by  the 

procurement  of  the  said ,  with  the  knowledge,  consent  and 

conivance  of  the  said  other  conspirators. 

And  so  the  jurors  aforesaid,  on  their  oaths  aforesaid,  do  say,  that , 

, , ,  and  the  said  other  persons 

to  the  jurors  unknown  in  manner  and  form  and  by  the  means  aforesaid,  on 

the  ....  day  of ,  in  the  year  of  our  Lord  nineteen  hundred  and 

J  within  the  jurisdiction  aforesaid,  did  unlawfully  and  wil- 
fully conspire  to  commit  an  offence  against  the  United  States  in  and  by  the 
concealment  from  the  trustee  in  bankruptcy,  property  belonging  to  the  estate  in 
bankruptcy  of  the ,  a  domestic  corporation,  while  a  bank- 


FORMS  IN  BANKRUPTCY.  531 

rupt ;  against  the  peace  of  the  United  States  and  their  dignity  and  contrary  to 
the  form  of  the  statute  of  the  United  States  in  such  case  made  and  provided. 


U.  S.  Attorney. 
[From  U.  S.  v.  Cohn  et  al.,  sustained  in  142  Fed.  983  and  157  Fed,  651.] 

NOTES. 

Indictment. 

U.  S.  R.  S.  5440;  5392, 

U.  S.  V.  Comstock  et  al  (C.  C.  R.  I.),  20  Am.  B.  R.  520. 

Cohn  V.  U.  S.  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  8;  157  Fed.  651;  85  C.  C.  A.  113; 
affirming  15  Am.  B.  R.  357 ;  142  Fed.  983. 

When  defective. 

The  omission  of  the  words  "knowingly  and  fraudulently  "  or  an  equivalent  therefor 
from  an  indictment  charging  conspiracy  to  conceal  assets  from  trustee  of  bankrupt  estate 
in  violation  of  Sec.  29-b,  is  fatal  on  demurrer. 

U.  S.  V,  Comstock  et  al  (C.  C.  R.  I.).  20  Am.  B.  R.  525;  162  Fed.  415.  Also  s.  c.  20 
Am.  B.  R.  520;  161  Fed.  644. 

McNiel  V.  U.  S.  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  18;  150  Fed.  82;  80  C.  C.  A.  36. 

When  indictment  charging  perjury  under  U.  S.  R.  S  5392  defective, 

U.  S.  V.  Lake  (D.  C.  Ark.) ;  12  Am.  B.  R.  270  ;  129  Fed.  499. 

Bartlett  v.  U.  S.  (C.  C.  A.  9th  Cir.),  5  Am.  B.  R.  678 ;  106  Fed.  884 ;   46  C.  C.  A.  19. 

U.  S.  V.  Bred,  23  Am.  B,  R.  740. 

The  mode  of  alleged  concealment  of  property  from  trustee  is  immaterial  and  need  not 
be  set  forth  in  the  indictment. 

U.  S.  V.  Comstock,  20  Am.  B.  R.  520. 

An  indictment  under  Sec.  29-b,  need  not  charge  that  the  defendant  bankrupt  at  the 
time  of  the  alleged  concealment  of  property  knew  that  a  trustee  had  been  appointed  or  the 
name  of  the  trustee. 

U.  S.  V.  Comstock  (supra). 

Does  not  extend  to  officer  of  a  bankrupt  corporation.     Statute  strictly  construed. 

Field  V.  U.  S.  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  507;  137  Fed.  6:  69  C.  C.  A.  568. 

A  conviction  of  a  bankrupt  for  concealing  property  from  his  trustee  cannot  be  sus- 
tained without  au  adjudication, 

Gilbertson  v.  U.  S.  (C,  C,  A,  7th  Cir.),  22  Am.  B.  R.  32;  168  Fed.  672;  94  C.  C.  A. 
158. 

An  indictment  based  upon  illegal  use  of  a  bankrupt's  schedules  against  him  will  be 
dismissed. 

U.  S.  V.  Chambers  (C.  C.  N.  Y.),  13  Am.  B.  R.  708;  135  Fed.  1023. 

Cohen  v.  U.  S.  (C.  C.  A.  4th  Cir.),  22  Am.  B.  R.  333;  170  Fed.  715. 

Johnson  v.  U.  S.  (C.  C.  A.  1st  Cir.).  20  Am.  B.  R.  724;  163  Fed.  30;  89  C.  C.  A.  508. 

Johnson  v.  U.  S.  (C.  C.  A.  5th  Cir.),  158  Fed.  69;  85  C.  C.  A.  399. 

Alkon  V.  U.  S.  (C.  C.  A.  1st  Cir.),  22  Am.  B.  R.  489;  163  Fed.  810;  90  C.  C.  A.  116. 

A  corporation  may  be  guilty  of  concealment  of  assets  while  a  bankrupt. 

U.  S.  V.  Young  &  Holland  Co.  (C.  C.  R.  I.),  22  Am.  li.  R.  484;  170  Fed.  110. 

An  indictment  for  perjury  maybe  predicated  upon  false  testimony  given  by  a  witness 
before  a  special  commissioner  appointed  under  sec.  2l-a  prior  to  bankrupf.s  adjudication. 

U.  S.  V.  Liberman.  23  Am.  B.  R.  734. 

In  an  indictment  against  a  bankrupt  and  others  for  conspiracy  to  conceal  assets  from 
his    trustee   in   bankruptcy,    an  averment  that  a  person  is  and  was   "duly"  appointed 


532  FORMS  IN  BANKRUPTCY. 

trustee  is  sufficient,  the  manner  of  the  appointment  being  an  incidental  matter  only  and 
not  a  vital  element  of  the  crime. 

Kerrch  v.  U.  S.  (C.  C.  A.  1st  Cir.),  22  Am.  B.  R.  544;  171  Fed.  366;  96  C.  C.  A.  258. 

[For  further  forms  see  "Joyce  on  Indictmeots."] 


TITLE    XVI. 

REPORTS  FOR  ATTORNEY  GENERAL. 


337.  Report  of  Referee  in  Bankruptcy  to  Clerk. 

FORM  No.  337. 

REPORT  OP  REPEREE  IN    BANKRUPTCY  TO  CLERK 

For  the  purposes  of  complying  with  sections  53  and  54  of  the  Bankruptcy 
Law,  Referees  in  Bankruptcy  will  carefully  fill  out  this  report  for  each  case 
referred  to  them  immediately  upon  its  conclusion,  and  transmit  the  report 
promptly  to  the  Clerk  of  the  Court  having  jurisdiction  of  the  case. 

Immediately  after  the  close  of  the  fiscal  year,  Referees  will  advise  the  Clerk 
of  the  number  of  cases  on  hand  not  closed. 


IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES 

for  the District  of 

In  the  Matter  of \  No 

Bankrupt.      J-         *rVoluntary. 


Bankrupt.      V         ♦iVoluntary.     "I 
Occupation )  Llnvohmtary.  J 


Date  of  filing  petition ,  191 

* 
/  Court. 


D«'e"'*-!ffir.'Tpe.,tion,[ '«'    .bv'-jRe'-e. 


STATEMENT  OF  ACCOUNT. 


LIABILITIES. 

Represented  by  secured,  priority,  or  lien  claims 

Represented  by  unsecured  claims,  proved 

Represented  by  imsecured  claims,  not  filed  and  proved. 

TOT.\L  Ll.\BILITIE8 


Total  assets  realized,  including  amounts  set  apart  to  pay  secured  and 

lien  claimants,  also  exemptions  set  apart  in  money 

Total  amount  deposited  under  composition  dated 191 . . 

533 


534 


FORMS  IN  BANKRUPTCY. 


DISTRIBUTION  OF  ASSETS  OR  AMOUNT  DEPOSITED  UNDER  COMPOSITION. 


Total  dividends  declared  to  unsecured  creditors 

Total  exemptions  set  apart  in  money 

Total  payments  to  secured,  priority,  or  lien  claimants 

Commissions  and  other  compensation  allowed  referee,  trustee,  receiver, 
or  marshal,  on  amounts  paid  to  lien  holders 

Amounts  deposited  with  clerk  for  referee  and  trustee  in  both  "asset" 
and  ' '  no-asset "  cases 

Other  commissions  and  compensations  allowed  referee,  trustee,  re- 
ceiver, or  marshal 

Attorneys'  fees 

All  other  expenses  and  costs  of  administration 


1  Total. 


COSTS  IN  "NO- ASSET"  CASES. 


Total  costs  and  expenses  of  "no-asset"  cases. 


*  Draw  pen  through  bracketed  words  not  applicable. 
I  CERTIFY  that  the  foregoing  is  a  true  statement,  as  disclosed  by  the  records  in  the  case 


Date  of  closing  case. 


Referee  in  Bankruptcy. 

191 

Address, 

^  Total  must  balance  with  total  assets  realized,  etc.,  or  with  composition  deposit. 


GENERAL  ORDERS  IN  BANKRUPTCY 


ADOPTED  BY  THE 


SUPREME  COURT  OF  THE  UNITED  STATES 

AT  THE  OCTOBER  TERM,  1898. 


Preamble. 


In  pursuance  of  the  powers  conferred  by  the  Constitution  and  laws  upon 
the  Supreme  Court  of  the  United  States,  and  particularly  by  the  act  of  Con- 
gress approved  July  1,  1898,  entitled  "'  An  act  to  establish  a  uniform  system 
of  bankruptcy  throughout  the  United  States,  it  is  ordered,  on  this  28th  day  of 
November,  1898,  that  the  following  rules  be  adopted  and  established  as 
general  orders  in  bankruptcy,  to  take  effect  on  the  first  Monday,  being  the 
second  day,  of  January,  1899.  And  it  is  further  ordered  that  all  proceedings 
in  bankruptcy  had  before  that  day,  in  accordance  with  the  act  last  aforesaid, 
and  being  in  substantial  conformit)'  either  with  the  provisions  of  these  general 
orders,  or  else  with  the  general  orders  established  by  this  court  under  the  bank- 
rupt act  of  1867  and  with  any  general  rules  or  special  orders  of  the  courts  in 
bankruptcy,  stand  good,  subject,  however,  to  such  further  regulation  by  rule 
or  order  of  those  courts  as  may  be  necessary  or  proper  to  carry  into  force  and 
effect  the  bankrupt  act  of  1898  and  the  general  orders  of  this  court. 

Cross  references  :  To  the  la'w:  §  30. 

To  the  General  Orders:  XXXVII,  XXXVIII. 

To  the  Equity  Rules :  LXXXIX.  XC.     (See,  also,  Revised  Statutes,  §§  913,  914.) 

ILLUSTRATIVE  CASES. 

The  General  Orders  were  only  intended  to  execute  the  Act,  not  to  add  to  its  provisiona. 

West  Co.  V.  Lea,  2  Am.  B.  R.  463;  174  U.  S.  590. 

In  re  Cobb,  7  Am.  B.  R.  202;  112  Fed.  655. 

In  re  Ingalls  Bros.,  13  Am.  B.  R.  512;  137  Fed.  517. 

Orcutt  Co.  V.  Green  (U.  S.  Sup.),  17  Am.  B.  R.  72;  204  U.  S.  96.  j 

I.  Docket. 

The  clerk  shall  keep  a  docket,  in  which  the  cases  shall  be  entered  and 
numbered  in  the  order  in  which  they  are  commenced.  It  shall  contain  a 
memorandum  of  the  filing  of  the  petition  and  of  the  action  of  the  court  thereon, 
of  the  reference  of  the  case  to  the  referee,  and  of  the  transmission  by  him  to 
the  clerk  of  his  certified  record  of  the  proceedings,  with  the  dates  thereof,  and 

535 


536         GENERAL  ORDERS  JN  BANKRUPTCY. 

a  memorandum  of  all  proceedings  in  the  case  except  those  duly  entered  on  the 
referee's  certified  record  aforesaid.  The  docket  shall  be  arranged  in  a  manner 
convenient  for  reference,  and  shall  at  all  times  be  open  to  public  inspection. 

Cross  references:  To  the  la-w :  As  to  commencement  of  proceedings,  §  1  (10);  As 
to  duties  of  the  clerk,  §§  51,  71;  As  to  duties  of  the  referee,  §§  29-c,  39-a  (7),  42;  As 
to  duties  of  the  trustee,  §§  29-c,  49. 

To  the  General  Orders:  II,  IV. 

To  the  Equity  Rules  :  I-VI,  inclusive. 

II.  Filing  of  Papers. 

The  clerk  or  the  referee  shall  indorse  on  each  paper  filed  with  him  the  day 
and  hour  of  filing,  and  a  brief  statement  of  its  character. 

Cross  references:  To  the  law:  §§  18-a,  59-a-b. 
To  the  General  Orders:  VI,  IX,  XX. 

III.  Process. 

All  process,  summons  and  subpoenas  shall  issue  out  of  the  court,  under  the 
seal  therof,  and  be  tested  by  the  clerk ;  and  blanks,  with  the  signature  of  the 
clerk  and  seal  of  the  court,  may,  upon  application,  be  furnished  to  the  referees. 

Cross  references:  To  the  la-w:  As  to  process  in  involuntary  proceedings,  §  18-a  (and 
also  under  §§  4  and  5);  As  to  process  to  witnesses,  §  21-a. 
To  the  General  Orders:  VIII. 
To  the  Equity  Rules :  VII  to  XVI,  inclusive. 

ILLUSTRATIVE  CASE. 

In  re  Abbey  Press  (C.  C.  A.  2nd),  13  Am.  B.  R.  11 ;  134  Fed.  51. 

IV.  Conduct  of  Proceedings. 

Proceedings  in  bankruptcy  may  be  conducted  by  the  bankrupt  in  person  in 
his  own  behalf,  or  by  a  petitioning  or  opposing  creditor;  but  a  creditor  will 
only  be  allowed  to  manage  before  the  court  his  individual  interest.  Every 
party  may  appear  and  conduct  the  proceedings  by  attorney,  who  shall  be  an 
attorney  or  counselor  authorized  to  practice  in  the  circuit  or  district  court. 
The  name  of  the  attorney  or  counselor,  with  his  place  of  business,  shall  be 
entered  upon  the  docket,  with  the  date  of  the  entry.  All  papers  or  proceedings 
offered  by  an  attorney  to  be  filed  shall  be  indorsed  as  above  required,  and 
orders  granted  on  motion  shall  contain  the  name  of  the  party  or  attorney 
making  the  motion.  Notices  and  orders  which  are  not,  by  the  act  or  by  these 
general  orders,  required  to  be  served  on  the  party  personally  may  be  served 
upon  his  attorney. 

Cross  references:  To  the  Lavr:  As  to  who  may  file  voluntary  petitions,  §§  4-a,  59-a; 
As  to  who  may  file  involuntary  petitions,  §  59-b;  As  to  partnership  petitions,  §  5; 


GENERAL  ORDERS  IN  BANKRUPTCY.         537 

As  to  petitions  against  corporations,  §4-1);  As  to  where  petitions  must  be  filed, 
§  2  (1) ;  As  to  appearances,  §§  18  b,  59-f;  As  to  answer  and  other  pleas,  g^  18-d, 
59 ;  As  to  notices,  §  58. 

To  the  General  Orders:  VI.  VIII,  IX.  XXIII. 

To  the  Equity  Rules:  IV,  XVII.  and,  as  to  pleadings,  generally. 

ILLUSTRATIVE  CASES. 

In  re  Gasser,  5  Am.  B.  R.  32 ;  104  Fed.  537. 

In  re  Shaffer,  4  Am.  B.  R.  728. 

In  re  Ilerzikop.  9  Am.  B.  R.  90;  118  Fed.  101. 

In  re  Norton.  17  Am.  B.  R.  504;  148  Fed.  301. 

In  re  Risteen,  10  Am.  B.  R.  494;  122  Fed.  732. 

Rogers  v.  Do  Sota,  etc..  Mining  Co.  (C.  C.  A.),  14  Am.  B.  R.  252;  136  Fed.  407. 

In  re  Blankfein,  3  Am.  B.  R.  165;  97  Fed.  191. 


V.  Frame  of  Petitions. 

All  petitions  and  the  schedules  filed  therewith  shall  be  printed  or  written 
out  plainly,  without  abbreviation  or  interlineation,  except  where  such  abbrevia- 
tion and  interlineation  may  be  for  the  purpose  of  reference. 

Cross   references:  To   the   la-w:  As  to  petitions,    §18-a-c;  As  to  schedules,   §7(8); 

As  to  referee's  duty  to  examine  schedules,  etc. ,  §  39-a  (2) ;  As  to  referee's  duty  to 

prepare  schedules  in  certain  cases,  §  39-a  (6). 
To  the  General  Orders :  IX,  XI. 
To  the  Equity  Rules  :  XX  to  XXV. 

ILLUSTRATIVE  CASES. 

Mahoney  v.  Ward,  5  Am.  B.  R.  770;  100  Fed.  278. 
Liesum  v.  Krauss,  35  Misc.  (N.  Y.)  376;  71  N.  Y.  1022. 
Sutherland  v.  Lasher,  11  Am.  B.  R.  780. 
Haack  v.  Theise,  16  Am.  B.  R.  699. 


VI.  Petitions  in  Different  Districts. 

In  case  two  or  more  petitions  shall  be  filed  against  the  same  individual  in 
different  districts,  the  first  hearing  shall  be  had  in  the  district  in  which  the 
debtor  has  his  domicile,  and  the  petition  may  be  amended  by  inserting  an 
allegation  of  an  act  of  bankruptcy  committed  at  an  earlier  date  than  that  first 
alleged,  if  such  earlier  act  is  charged  in  either  of  the  other  petitions:  and  in 
case  of  two  or  more  petitions  against  the  same  partnership  in  different  courts, 
each  having  jurisdiction  over  the  case,  the  petition  first  filed  shall  be  first  heard, 
and  may  be  amended  by  the  insertion  of  an  allegation  of  an  earlier  act  of  bank- 
ruptcy than  that  first  alleged,  if  such  earlier  act  is  charged  in  either  of  the 
other  petitions;  and,  in  either  case,  the  proceedings  upon  the  other  petitions 
may  be  stayed  until  an  adjudication  is  made  upon  the  petition  first  heard  ; 


538         GENERAL  ORDERS  IN  BANKRUPTCY. 

and  the  court  which  makes  the  first  adjudication  of  bankruptcy  shall  retain 
jurisdiction  over  all  proceedings  therein  until  the  same  shall  be  closed.  In 
case  two  or  more  petitions  shall  be  filed  in  different  districts  by  different 
members  of  the  same  partnership  for  an  adjudication  of  the  bankruptcy  of  said 
partnership,  the  court  in  which  the  petition  is  first  filed,  having  jurisdiction, 
shall  take  and  retain  jurisdiction  over  all  proceedings  in  such  bankruptcy 
until  the  same  shall  be  closed ;  and  if  such  petitions  shall  be  filed  in  the  same 
district,  action  shall  be  first  had  upon  the  one  first  filed.  But  the  court  so 
retaining  jurisdiction  shall,  if  satisfied  that  it  is  for  the  greatest  convenience 
of  parties  in  interest  that  another  of  said  courts  should  proceed  with  the  cases, 
order  them  to  be  transferred  to  that  court. 

Cross   references:  To   the   law:  As  to  where  petitions  may  be  filed,    §  1  (2);  As  to 
partnership  petitions,  §5;  As  to  transfer  of  cases,  §§2(19),   32;  Also  generally 
to  §§2  (19).  18. 
To  the  General  Orders :  IV,  VII,  VIII. 

ILLUSTRATIVE  CASES. 

In  re  Sears,  Humbert  &  Co.,  7  Am.  B.  R.  279;  128  Fed.  275. 

In  re  Riggs  Restaurant  Co.,  11  Am.  B.  R.  508;  130  Fed.  691. 

In  re  Tybo  Mining  &  Reduction  Co.,  13  Am.  B.  R.  68;  132  Fed.  697. 

Meaning  of  "individual." 

In  re  United  Button  Co.,  13  Am.  B.  R.  454;  132  Fed.  378. 

Domicile. 

In  re  Isaacson,  20  Am.  B.  R.  430;  161  Fed.  779;  8.  c.  20  Am.  B.  R.  437. 

In  re  Strait,  2  Am.  B.  R.  308. 

In  re  Waxelbaum,  3  Am.  B.  R.  392;  98  Fed.  589. 

In  re  Elmira  Steel  Co.,  5  Am.  B.  R.  484. 

Bradley  Lumber  Co.  v.  White,  10  Am.  B.  R.  329 ;  121  Fed.  779. 

Gleason  v.  Smith  (C.  C.  A.),  16  Am.  B.  R.  602;  145  Fed.  895. 

Wilder  v.  Watts,  15  Am.  B.  R.  57,  68;  138  Fed.  426. 

In  re  Hamrick,  23  Am.  B.  R.  721 ;  175  Fed.  279. 


VII.  Priority  of  Petitions. 

Whenever  two  or  more  petitions  shall  be  filed  by  creditors  against  a  common 
debtor,  alleging  separate  acts  of  bankruptcy  committed  by  said  debtor  on 
different  days  within  four  months  prior  to  the  filing  of  said  petitions,  and  the 
debtor  shall  appear  and  show  cause  against  an  adjudication  of  bankruptcy 
against  him  on  the  petitions,  that  petition  shall  be  first  heard  and  tried  which 
alleges  the  commission  of  the  earliest  act  of  bankruptcy;  and  in  case  the 
several  acts  of  bankruptcy  are  alleged  in  the  different  petitions  to  have  been 
committed  on  the  same  day,  the  court  before  which  the  same  are  pending  may 
order  them  to  be  consolidated,  and  proceed  to  a  hearing  as  upon  one  petition ; 
and  if  an  adjudication  of  bankruptcy  be  made  upon  either  petition,  or  for  the 
commission  of  a  single  act  of  bankruptcy,  it  shall  not  be  necessary  to  proceed 
to  a  hearing  upon  the  remaining  petitions,  unless  proceedings  be  taken  by  the 


GENERAL  OKDHKS  IN  BANKRUPTCY.         539 

debtor  for  the  purpose  of  causing  such  adjudication  to  be  annulled  or  vacated. 
Cross  reference  :  See  those  to  General  Order  VI,  immediately  ante. 

ILLUSTRATWE  CASES. 

In  re  W.  G.  Harris,  19  Am.  B.  R.  204. 

In  re  Elmira  Steel  Co.,  5  Am.  B.  R.  484;  109  Fed.  456. 


VIII.  Proceedings  in  Partnership  Cases. 

Any  member  of  a  partnership,  who  refuses  to  join  in  a  petition  to  have  the 
partnership  declared  bankrupt,  shall  be  entitled  to  resist  the  prayer  of  the 
petition  in  the  same  manner  as  if  the  petition  had  been  filed  by  a  creditor  of 
the  partnership,  and  notice  of  the  filing  of  the  petition  shall  be  given  to  him 
in  the  same  manner  as  provided  by  law  and  by  these  rules  in  the  case  of  a 
debtor  petitioned  against;  and  he  shall  have  the  right  to  appear  at  the  time 
fixed  by  the  court  for  the  hearing  of  the  petition,  and  to  make  proof,  if  he  can, 
that  the  partnership  is  not  insolvent  or  has  not  committed  an  act  of  bankruptcy, 
and  to  make  all  defenses  which  any  debtor  proceeded  against  is  entitled  to  take 
by  the  provisions  of  the  act ;  and  in  case  an  adjudication  of  bankruptcy  is 
made  upon  the  petition,  such  partner  shall  be  required  to  file  a  schedule  of  his 
debts  and  an  inventory  of  his  property  in  the  same  manner  as  is  required  by 
the  act  in  cases  of  debtors  against  whom  adjudication  of  bankruptcy  shall  be 
made. 

Cros3  references  :  To  the  lavr  :  §§  5,  18. 
To  the  General  Orders :  VI,  VII. 

ILLUSTRATIVE  CASES. 

In  re  Murray  &  Winters,  3  Am.  B.  R.  90. 

In  re  Russell,  3  Am.  B.  R.  91. 

In  re  Murray  et  al.,  3  Am.  B.  R.  601 ;  96  Fed.  600. 

In  re  J.  M.  Ceballos  &  Co.,  20  Am.  B.  R.  459;  B.  c.  20  Am.  B.  R.  467. 

In  re  Solomon  &  Carrol,  20  Am.  B.  R.  488. 

Dickas  v.  Barnes,  15  Am.  B.  R.  566. 

In  re  Freund,  1  Am.  B.  R.  25. 

In  re  Carleton,  8  Am.  B.  R.  270;  115  Fed.  246. 

In  re  Junck  v.  Baltliazard.  169  Fod.  481. 

In  re  Forbes,  11  Am.  B.  R.  787;  128  Fed.  137. 


IX.  Schedule  in  Involuntary  Bankruptcy. 

In  all  cases  of  involuntary  bankruptcy  in  which  the  bankrupt  is  absent  or 
cannot  be  found,  it  shall  be  the  duty  of  the  petitioning  creditor  to  file,  within 
five  days  after  the  date  of  the  adjudication,  a  schedule  giving  the  names  and 
places  of  residence  of  all  the  creditors  of  the  bankrupt,  according  to  the  best  in- 


540        GENERAL  ORDERS  IN  BANKRUPTCY. 

formation  of  the  petitioning  creditor.  If  the  debtor  is  found,  and  is  served 
with  notice  to  furnish  a  schedule  of  his  creditors  and  fails  to  do  so,  the  peti- 
tioning creditor  may  apply  for  an  attachment  against  the  debtor,  or  may  him- 
self furnish  such  schedule  as  aforesaid. 

Cross  references :  To  the  law :  As  to  bankrupt's  duty  to  file  schedules,  §  7  (8) ;  As  to 
referee's,  §  39-a  (6). 
To  the  General  Orders :  V. 

ILLUSTRATIVE  CASE. 

Dismissal  of  petition. 

In  re  Levi  &  Klauber,  15  Am.  B.  R.  294;  142  Fed.  443. 

X.  Indemnity  for  Expenses. 

Before  incurring  any  expense  in  publishing  or  mailing  notices,  or  in  travel- 
ing, or  in  procuring  the  attendance  of  witnesses,  or  in  perpetuating  testimony, 
the  clerk,  marshal  or  referee  may  require,  from  the  bankrupt  or  other  person 
in  whose  behalf  the  duty  is  to  be  performed,  indemnity  for  such  expense. 
Money  advanced  for  this  purpose  by  the  bankrupt  or  other  person,  shall  be 
repaid  him  out  of  the  estate  as  part  of  the  cost  of  administering  the  same. 

Cross  references:  To  the  law:  As  to  publishing  and  mailing  notices,    §58;  As  to 
examinations  of  the  bankrupt  or  others,  §§  7  (9),  21 -a;  As  to  marshal's  expenses, 
§  52 ;  As  to  clerk's  expenses,  §§  24,  25,  52,  71 ;  In  general,  §§  62,  64-b  (3). 
To  the  General  Orders :  IX,  XII,  XXII,  XXVI,  XXXV. 

ILLUSTRATIVE  CASES. 

Bankrupt  entitled  to  reimbursement  of  necessary  costs  upon  application  for  discharge. 

In  re  Hatcher,  16  Am.  B.  R.  722;  145  Fed.  658. 

In  re  Burke,  6  Am.  B.  R.  502. 

In  re  Smith,  5  Am.  B.  R.  559. 

In  re  Plimpton,  4  Am.  B.  R.  614. 

In  re  Matthews,  3  Am.  B.  R.  265;  97  Fed.  773. 

In  re  Sanborn,  12  Am.  B.  R.  131 ;  131  Fed.  397. 

ZI.  Amendments. 

The  court  may  allow  amendments  to  the  petition  and  schedules  on  applica- 
tion of  the  petitioner.  Amendments  shall  be  printed  or  written,  signed  and 
verified,  like  original  petitions  and  schedules.  If  amendments  are  made  to 
separate  schedules,  the  same  must  be  made  separately,  with  proper  references. 
In  the  application  for  leave  to  amend,  the  petitioner  shall  state  the  cause  of 
the  error  in  the  paper  originally  filed. 

Cross  references  :  To  the  law  :  §§  2  (6),  (15);  §  39-a  (2). 
To  the  Equity  Rules:  XXVIII  to  XXX. 


GENERAL  ORDERS  IN  BANKRUPTCY.        541 

ILLUSTRATIVE  CASES. 

In  re  Goodman  (C.  C.  A.  5th  Cir.),  23  Am.  B.  R.  504. 

In  re  Steveusou,  2  Am.  B.  R.  66;  94  Fed.  110. 

Burke  v.  Guarautce  Title  &  Trust  Co.  (C.  C.  A.),  15  Am.  B.  R.  81;  134  Fed.  562. 

In  re  Haff,  13  Am.  B.  R.  363,  366;  135  Fed.  742. 

In  re  Portner,  18  .Vm.  B.  R.  89;  149  Fed.  799. 

In  re  Bellab,  8  Am.  B.  H.  310;  116  Fed.  49. 

Gleason  v.  Smith,  Perkins  6c  Co.,  16  Am.  B.  R.  605;  145  Fed.  895. 

In  re  Fisher,  15  Am.  B.  R.  654;  142  Fed.  205. 

In  re  Pure  ^Ulk  Co.  of  Mobile.  18  Am.  B.  R.  735 ;  154  Fed.  682. 

In  re  Haff,  136  Fed.  78;  68  C.  C.  A.  646. 

XII.  Duties  of  Referee. 

1.  The  order  referring  a  case  to  a  referee  shall  name  a  day  upon  which  the 
bankrupt  shall  attend  before  the  referee;  and  from  that  day  the  bankrupt 
shall  be  subject  to  the  orders  of  the  court  in  all  matters  relating  to  his  bank- 
ruptcy, and  may  receive  from  the  referee  a  protection  against  arrest,  to  con- 
tinue until  the  final  adjudication  on  liis  application  for  a  discharge,  unless 
suspended  or  vacated  by  order  of  the  court.  A  copy  of  the  order  shall  forth- 
with be  sent  by  mail  to  the  referee,  or  be  delivered  to  him  personally  by  the 
clerk  or  other  officer  of  the  court.  And  thereafter  all  the  proceedings,  except 
such  as  are  required  by  the  act  or  by  these  general  orders  to  be  had  before  the 
judge,  shall  be  had  before  the  referee, 

2.  The  time  when  and  the  place  where  the  referees  shall  act  upon  the  matters 
arising  under  the  several  cases  referred  to  them  shall  be  fixed  by  special  order 
of  the  judge,  or  by  the  referee ;  and  at  such  times  and  places  the  referees  may 
perform  the  duties  which  they  are  empowered  by  the  act  to  perform. 

3.  Applications  for  a  discharge,  or  for  the  approval  of  a  composition,  or  for 
an  injunction  to  stay  proceedings  of  a  court  or  officer  of  the  United  States,  or  of 
a  State,  shall  be  heard  and  decided  by  the  judge.  But  he  may  refer  such  an 
application,  or  any  specified  issue  arising  thereon,  to  the  referee  to  ascertain 
and  report  the  facts. 

Cross  references :  To  the  law :  As  to  general  jurisdiction  and  powers  of  referee 
§^38,  39;  As  to  orders  of  reference,  §§18-f-g,  22;  Astotimeand  place  when  duties 
of  referee  will  be  performed,  §  55;  As  tolimitations  on  powers  of  referee,  §§  12-d, 
14-b,  38-a  (4),  39-b;  As  to  allowance  of  claims.  §57;  As  to  bankrupt's  subjection  to 
orders  of  court,  §  7  (2);  As  to  orders  of  protection,  ^  9-a. 
To  the  General  Orders:  IX,  XI.  XVI,  XXI,  XXII,  XXIII,  XXIV,  XXV,  XXVI, 
XXVII,  XXIX.  XXX,  XXXIII.  XXXV. 

ILLUSTRATIVE  CASES. 

In  re  Dresser,  10  Am.  B.  R.  270. 

In  re  Lewensohn,  3  Am.  B.  R.  594. 

In  re  McDufF,  4  Am.  B.  R.  110;  101  Fed.  241. 

National  Bank  v.  Katz,  1  Am.  B.  R.  19. 

In  re  Huddleston,  1  Am.  B.  R.  572. 


542  GENERAL  ORDERS  IN  BANKRUPTCY. 

In  re  Florcken,  5  Am.  B.  R.  802;  107  Fed.  241. 

In  re  Scott,  7  Am.  B.  R.  35. 

In  re  Raucbenplat,  9  Am.  B.  R.  763. 

In  re  Adler  (C.  C.  A.),  16  Am.  B.  R    114;  144  Fed.  659. 

In  re  Knopf.  16  Am.  B.  R.  432;  144  Fed.  245. 

In  re  Berkowitz,  16  Am.  B.  R.  251 ;  143  Fed.  598. 

In  re  Benjamin.  15  Am.  B.  R.  351,  352;  140  Fed.  320. 

In  re  Romine,  14  Am.  B.  R.  785;  138  Fed.  837. 

In  re  Abbey  Press  (C.  C.  A.),  13  Am.  B.  R.  11,  14;  134  Fed.  51. 

In  re  Siebert.  13  Am.  B.  R.  348;  133  Fed.  781. 

In  re  Drayton,  13  Am.  B.  R.  602;  135  Fed.  883. 

In  re  Lesser  Bros. ,  5  Am.  B.  R.  320. 

In  re  Steuer,  5  Am.  B.  R.  209. 

In  re  Sonnabend.  18  Am.  B.  R.  117. 

Knapp  &  Spencer  Co.  v.  Drew,  20  Am.  B.  R.  355;  160  Fed.  413;  87  C.  C.  A.  365. 

In  re  Wilcox,  156  Fed.  685. 

In  re  Quackenbush,  4  Am.  B.  R.  274;  102  Fed.  282. 


XIII.  Appointment  and  Removal  of  Trustee. 

The  appointment  of  a  trustee  by  the  creditors  shall  be  subject  to  be  approved 
or  disapproved  by  the  referee  or  by  the  judge;  and  he  shall  be  removable  by 
the  judge  only. 

Cross  references:  To  the  law:  As  to  appointment  of  trustees,  §§  2  (17),  44,  45,  56;  As 
to  removal  of  trustees,  §  46. 
To  the  General  Orders :  XIV,  XV,  XVI,  XVII,  XXV. 


ILLUSTRATIVE  CASES. 

In  re  Kenny  &  Co.,  14  Am.  B.  R.  611. 
In  re  Hare.  9  Am.  B.  R.  520;  119  Fed.  246. 
In  re  Hanson,  19  Am.  B.  R.  235. 
In  re  Eastlake.  16  Am.  B.  R.  529;  145  Fed.  68. 
Falter  v.  Reinhard,  4  Am.  B.  R.  782 ;  104  Fed.  292. 

In  re  Henschel,  6  Am.  B.  R.  25;  s.  c.  in  higher  courts,  6  Am.  B.  R.  305;  109  Fed.  861*. 
7  Am.  B.  R.  662;  113  Fed.  443. 

In  re  Machin,  11  Am.  B.  R.  449;  128  Fed.  316. 

In  re  Van  De  Mark.  23  Am.  B.  R.  760;  175  Fed.  287. 

In  re  Cooper,  14  Am.  B.  R.  320;  135  Fed.  196. 

In  re  Rekersdres,  5  Am.  B.  R.  155;  106  Fed.  57. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  36;  125  Fed.  620. 

In  re  Gordon  Supply  &  Mf'g  Co.,  12  Am.  B.  R.  94;  129  Fed.  622. 


XIV.  No  Ofl&cial  or  General  Trustee. 

No  official  trustee  shall  be  appointed  by  the  court,  nor  any  general  trustee 
to  act  in  classes  of  cases. 


GENERAL  ORDERS  IN  BANKRUPTCY.        543 

XV.  Trustee  not  Appointed  in  Certain  Cases. 

If  the  schedule  of  a  voluntary  bankrupt  discloses  no  assets  and  if  no  creditor 
appears  at  the  first  meeting,  the  court  may,  by  order  setting  out  the  facts,  direct 
that  no  trustee  be  appointed;  but  at  any  time  thereafter  a  trustee  may  be 
appointed,  if  the  court  shall  deem  it  desirable.  If  no  trustee  is  appointed  as 
aforesaid,  the  court  may  order  that  no  meeting  of  the  creditors  other  than  the 
first  meeting  shall  be  called. 

Cross  references:  To  the  law:  §§  2  (17),  44,  45,  56.     See,  also,  §§  6  and  47-a  (11),  and 
read  §  2  (11). 
To  the  General  Orders:  XIII.  XIV. 

ILLUSTRATIVE  CASES. 

In  re  Soper.  1  Am.  B.  R.  193. 

In  re  Rung  Bros.,  2  Am.  B.  R.  620. 

Clark  V.  Pidcock  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  309;  129  Fed.  745. 

Smalley  v.  Laugenour,  13  Am.  B.  R.  692 ;  196  U.  S.  93. 

XVI.  Notice  to  Trustee  of  His  Appointment. 

It  shall  be  the  duty  of  the  referee,  immediately  upon  the  appointment  and 
approval  of  the  trustee,  to  notify  him  in  person  or  by  mail  of  his  appointment ; 
and  the  notice  shall  require  the  trustee  forthwith  to  notify  the  referee  of  his 
acceptance  or  rejection  of  the  trust,  and  shall  contain  a  statement  of  the  penal 
sum  of  the  trustee's  bond. 

Cross  references  :  To  the  law:  §§  44,  50-a-j-k. 
To  the  General  Orders :  XIII. 

XVII.  Duties  of  Trustee. 

The  trustee  shall,  immediately  upon  entering  upon  his  duties,  prepare  a  com- 
plete inventory  of  all  the  property  of  the  bankrupt  that  comes  into  his  posses- 
sion. The  trustee  shall  make  report  to  the  court,  within  twenty  days  after 
receiving  the  notice  of  his  appointment,  of  the  articles  set  off  to  the  bankrupt  by 
him,  according  to  the  provisions  of  the  forty-seventh  section  of  the  act,  with 
the  estimated  value  of  each  article,  and  any  creditor  may  take  exceptions  to  the 
determination  of  the  trustee  within  twenty  days  after  the  filing  of  the  report. 
The  referee  may  require  the  exceptions  to  be  argued  before  him,  and  shall 
certify  them  to  the  court  for  final  determination  at  the  request  of  either  party. 
In  case  the  trustee  shall  neglect  to  file  any  report  or  statement  which  it  is 
made  his  duty  to  file  or  make  by  the  act,  or  by  any  general  order  in  bankruptcy, 
within  five  days  after  the  same  shall  be  due,  it  shall  be  the  duty  of  the  referee  to 
make  an  order  requiring  the  trustee  to  show  cause  before  the  judge,  at  a  time 
specified  in  the  order,  why  he  should  not  be  removed  from  office.    The  referee 


544         GENERAL  ORDERS  IN  BANKRUPTCY. 

shall  cause  a  copy  of  the  order  to  be  served  upon  the  trustee  at  least  seven  days 
before  the  time  fixed  for  the  hearing,  and  proof  of  the  service  thereof  to  be 
delivered  to  the  clerk.  All  accounts  of  trustees  shall  be  referred  as  of  course 
to  the  referee  for  audit,  unless  otherwise  specially  ordered  by  the  court. 

Cross  references:    To  the   law:   Duties   of  trustees,  ia  general,    §§  47,  49;    As    to 
filing  bonds,  §  50;    As  to  exemptions,  §§  6,  7  (8),  47  a  (11),  as  perhaps  limited  by 
§  2(11);  as  to  appraisals  and  sales,  §  70-b, 
To  the  General  Orders :  XVIII,  XXI  (6)  XXV,  XXVIII,  XXIX,  XXXIII,  XXXV. 

ILLUSTRATIVE  CASES. 

In  re  Manning,  7  Am.  B.  R.  571  ;  113  Fed.  948. 

In  re  TYhite,  4  Am.  B.  R.  613;  103  Fed.  774. 

The  bankrupt  as  well  as  creditor  may  except  to  trustee's  report  on  exempt  property. 

In  re  Camp,  1  Am.  B.  R.  165,  91  Fed.  745. 

In  re  Rung  Bros.  3  Am.  B.  R.  630. 

In  re  Smith,  2  Am.  B.  R.  190;  93  Fed.  791. 

In  re  Campbell,  10  Am.  B.  R.  733;  134  Fed.  417. 

In  re  Ellis,  10  Am.  B.  R.  754. 

In  re  Ingalls  Bros.  13  Am.  B.  R.  513,  515;  137  Fed.  517. 

As  to  setting  off  exemptions,  see  in  re  McClintock,  13  Am.  B.  R.  606. 

In  re  Allen,  13  Am.  B.  R.  518,  531 ;  134  Fed.  630. 

In  re  Wunder,  13  Am.  B.  R.  701;  133  Fed.  821. 

Trustee  a  creditor  within  meaning  of  this  order. 

In  re  Rice,  31  Am.  B.  R.  303. 

AVhen  bankrupt  may  be  denied  right  of  exemption. 

In  re  Rice  (supra). 

In  re  Leverton,  19  Am.  B.  R.  436. 

In  re  Amos   19  Am.  B.  R.  804. 

In  re  White  (D.  C.  Mo.),  6  Am.  B.  R.  451 ;  109  Fed.  635. 


XVIII.  Sale  of  Property. 

1.  All  sales  shall  be  by  public  auction  unless  otherwise  ordered  by  the  court. 

2.  Upon  application  to  the  court,  and  for  good  cause  shown,  the  trustee  may 
be  authorized  to  sell  any  specified  portion  of  the  bankrupt's  estate  at  private 
sale ;  in  which  case  he  shall  keep  an  accurate  account  of  each  article  sold,  and 
the  price  received  therefor,  and  to  whom  sold;  which  account  he  shall  file  at 
once  with  the  referee. 

3.  Upon  petition  by  a  bankrupt,  creditor,  receiver,  or  trustee,  setting  forth 
that  a  part  or  the  whole  of  the  bankrupt's  estate  is  perishable,  the  nature  and 
location  of  such  perishable  estate,  and  that  there  will  be  loss  if  the  same  is  not 
sold  immediately,  the  court,  if  satisfied  of  the  facts  stated  and  that  the  sale  is 
required  in  the  interest  of  the  estate,  may  order  the  same  to  be  sold,  with  or 
without  notice  to  the  creditors,  and  the  proceeds  to  be  deposited  in  court. 

Cross  references  :  To  the  law :  §  70-b,  and  as  to  notices,  §  58-a  (4). 
To  the  General  Orders:  None. 


GENERAL  ORDERS  IN  BANKRUPTCY.        545 

ILLUSTRATIVE  CASES. 

In  re  Carleton,  8  Am.  B.  R.  270. 

In  re  Styer,  3  Am.  B.  R.  424. 

In  re  Hawkins,  11  Am.  B.  R.  49;  125  Fed.  633. 

In  re  Edes,  14    Am.  B.  R.  382;  135  Fed.  595. 

In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.).  13  Am.  B.  R.  11. 

In  re  Milne  Manfg  Co.,  21  Am.  B.  R.  468. 

In  re  Beutel's  Sous,  7  Am.  B.  R.  768. 

In  re  Harris  19  Am.  B.  R.  635;  155  Fed.  216. 


XIX.  Accounts  of  Marshal. 

The  marshal  shall  make  return,  under  oath,  of  his  actual  and  necessary  ex- 
penses in  the  service  of  every  warrant  addressed  to  him,  and  for  custody 
of  property,  and  other  services,  and  other  actual  and  necessary  expenses  paid 
by  him,  with  vouchers  therefor  whenever  practicable,  and  also  with  a  statement 
that  the  amounts  charged  by  him  are  just  and  reasonable. 

Cross  references  :  To  the  law  :  §§  2  (3)  (5),  3-e,  52,  69. 
To  the  General  Orders:  X. 

XX.  Papers  Filed  After  Reference. 

Proofs  of  claims  and  other  papers  filed  subsequently  to  the  reference,  except 
such  as  call  for  action  by  the  judge,  may  be  filed  either  with  the  referee  or 
with  the  clerk. 

Cross  references :  To  the  law :  As  to  the  duty  of  referees  concerning  papers  filed  with 
them.  §  39a  ;  As  to  clerk's  duties  concerning  same,  §  51(3).     See,  also,  §  42-b. 
To  the  General  Orders :  XXIV. 

XXI.  Proof  of  Debts. 

1.  Depositions  to  prove  claims  against  a  bankrupt's  estate  shall  be  correctly 
entitled  in  the  court  and  in  the  cause.  When  made  to  prove  a  debt  due  to  a 
partnership,  it  must  appear  on  oath  that  the  deponent  is  a  member  of  the  part- 
nership ;  when  made  by  an  agent,  the  reason  the  deposition  is  not  made  by  the 
claimant  in  person  must  be  stated ;  and  when  made  to  prove  a  debt  due  to  a 
corporation,  the  deposition  shall  be  made  by  the  treasurer,  or,  if  the  corpora- 
tion has  no  treasurer,  by  the  officer  wliose  duties  most  nearly  correspond  to 
those  of  treasurer.  Depositions  to  prove  debts  existing  in  open  account  shall 
state  when  the  debt  became  or  will  become  due;  and  if  it  consists  of  items 
maturing  at  different  dates  the  average  due  date  shall  be  stated,  in  default  of 
which  it  shall  not  be  necessary  to  compute  interest  upon  it.  All  such  deposi- 
tions shall  contain  an  averment  that  no  note  has  been  received  for  such  account, 
nor  any  judgment  rendered  thereon.  Proofs  of  debt  received  by  any  trustee 
shall  be  delivered  to  the  referee  to  whom  the  cause  is  referred. 


546         GENERAL  ORDERS  IN  BANKRUPTCY. 

2.  Any  creditor  may  file  with  the  referee  a  request  that  all  notices  to  which 
he  may  be  entitled  shall  be  addressed  to  him  at  any  place,  to  be  designated  by 
the  post-office  box  or  street  number,  as  he  may  appoint;  and  thereafter,  and 
until  some  other  designation  shall  be  made  by  such  creditor,  all  notices  shall  be 
so  addressed;  and  in  other  cases  notices  shall  be  addressed  as  specified  in  the 
proof  of  debt. 

3.  Claims  which  have  been  assigned  before  proof  shall  be  supported  by  a 
deposition  of  the  owner  at  the  time  of  the  commencement  of  proceedings, 
setting  forth  the  true  consideration  of  the  debt,  and  that  it  is  entirely  un- 
secured, or  if  secured,  the  security,  as  is  required  in  proving  secured  claims. 
Upon  the  filing  of  satisfactory  proof  of  the  assignment  of  a  claim  proved  and 
entered  on  the  referee's  docket,  the  referee  shall  immediately  give  notice  by 
mail  to  the  original  claimant  of  the  filing  of  such  proof  of  assignment;  and, 
if  no  objection  be  entered  within  ten  days,  or  within  further  time  allowed  by 
the  referee,  he  shall  make  an  order  subrogating  the  assignee  to  the  original 
claimant.  If  objection  be  made,  he  shall  proceed  to  hear  and  determine  the 
matter. 

4.  The  claims  of  persons  contingently  liable  for  the  bankrupt  may  be  proved 
in  the  name  of  the  creditor  when  known  by  the  party  contingently  liable. 
When  the  name  of  the  creditor  is  unknown,  such  claim  may  be  proved  in  the 
name  of  the  party  contingently  liable ;  but  no  dividend  shall  be  paid  upon  such 
claim,  except  upon  satisfactory  proof  that  it  will  diminish  pro  ianto  the 
original  debt. 

5.  The  execution  of  any  letter  of  attorney  to  represent  a  creditor,  or  of  an 
assignment  of  claim  after  proof,  may  be  proved  or  acknowledged  before  a 
referee,  or  a  United  States  commissioner,  or  a  notary  public.  When  executed 
on  behalf  of  a  partnership  or  of  a  corporation,  the  person  executing  the  instru- 
ment shall  make  oath  that  he  is  a  member  of  the  partnership,  or  a  duly 
authorized  officer  of  the  corporation  on  whose  behalf  he  acts.  When  the  person 
executing  is  not  personally  known  to  the  officer  taking  the  proof  or  acknowl- 
edgment, his  identity  shall  be  established  by  satisfactory  proof. 

6.  When  the  trustee  or  any  creditor  shall  desire  the  re-examination  of  any 
claim  filed  against  the  bankrupt's  estate,  he  may  apply  by  petition  to  the  referee 
to  whom  the  case  is  referred  for  an  order  for  such  re-examination,  and  there- 
upon the  referee  shall  make  an  order  fixing  a  time  for  hearing  the  petition,  of 
which  due  notice  shall  be  given  by  mail  addressed  to  the  creditor.  At  the 
time  appointed  the  referee  shall  take  the  examination  of  the  creditor,  and  of 
any  witnesses  that  may  be  called  by  either  party,  and  if  it  shall  appear  from 
such  examination  that  the  claim  ought  to  be  expunged  or  diminished,  the 
referee  may  order  accordingly. 

Cross  references:  To  the  law:  As  to  proof  of  debts  generally,   §§  2(2),  57;   As  to 
provable  debts,  §  63;  As  to  set-off  of  debts,  §§  60-c,  68. 
To  the  General  Orders  :  XXIV,  XXVIII,  XXXUI. 


GENERAL  ORDERS  IN  BANKRUPTCY.  547 

ILLUSTRATIVE  CASES. 

In  re  Sugenheimer,  1  Am.  B.  R.  425;  91  Fed.  744. 
In  re  Scott,  1  Am.  B.  R.  553;  93  Fed.  418. 
In  re  Blaukfeiu.  3  Am.  B.  11.  165;  97  Fed.  191. 
In  re  Rider,  3  Am.  B.  R.  192;  96  Fed.  811. 
In  re  Finluy,  3  Am.  B.  R.  738. 

In  re  Reliance  Storage,  etc.,  Co. ,  4  Am.  B.  R.  49 ;  100  Fed.  619. 
In  re  Doty,  5  Am.  B.  R.  58. 
In  re  Chambers,  etc.,  Co.,  6  Am.  B.  R.  707. 
In  re  Levy.  7  Am.  B.  R.  56. 
In  re  Lyon.  7  Am.  B.  R.  61. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  36;  125  Fed.  619. 
In  re  Lewensohn.  9  Am.  B.  R.  368;  121  Fed.  1. 
Fitch  V.  Richardson  (C.  C.  A.),  16  Am.  B.  R.  835;  147  Fed.  196. 
In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526,  535 ;  142  Fed.  234. 
In  re  Pettingill  &  Co.,  14  Am.  B.  R.  763. 
Filing  claims  in  bauds  of  trustee. 
In  re  Ingalls  Bros.,  13  Am.  B.  R.  512;  137  Fed.  517. 
In  re  E.  Reboulin  Fils  &  Co.,  19  Am.  B.  R.  215. 

J.  B.  Orcutt  Co.  et  al  v.  Green  (U.  S.  Sup.).  17  Am.  B.  R.  72;  204  U.  S.  96;  rev'g 
13  Am.  B.  R.  512. 

In  re  Stoever,  5  Am.  B.  R.  250;  105  Fed.  355. 

In  re  John  Osborne's  Sons  &  Co.,  Inc.,  24  Am.  B.  R.  65;  177  Fed.  184. 

XXII.  Taking  of  Testimony. 

The  examination  of  witnesses  before  the  referee  may  be  conducted  by  the 
party  in  person  or  by  his  counsel  or  attorney,  and  the  witnesses  shall  be  sub- 
ject to  examination  and  cross-examination,  which  shall  be  had  in  conformity 
with  the  mode  now  adopted  in  courts  of  law.  A  deposition  taken  upon  an 
examination  before  a  referee  shall  be  taken  down  in  writing  by  him,  or  under 
his  direction,  in  the  form  of  narrative,  unless  he  determines  that  the  examina- 
tion shall  be  by  question  and  answer.  When  completed  it  shall  be  read  over  to 
the  witness  and  signed  by  him  in  the  presence  of  the  referee.  The  referee 
shall  note  upon  the  deposition  any  question  objected  to,  with  his  decision 
thereon ;  and  the  court  shall  have  power  to  deal  with  the  costs  of  incompetent, 
immaterial,  or  irrelevant  depositions,  or  parts  of  them,  as  may  be  just. 

Cross  references :  To  the  law :  As  to  examinations,  §§    7  (9),  21,  38  a  (2) ;  As  to 

costs.  §  2(18), 
To  the  General  Orders:     XXII. 
To  the  Equity  Rules :  LXVII  to  LXIX. 

ILLUSTRATIVE  CASES. 

In  re  Hoyt  &  Mitchell.  11  Am.  B.  R.  785. 

Referee  must  receive  all  the  evidence  noting  objections  and  may  refuse  to  stop  pro- 
ceedings and  certify  questions. 

Bank  of  Ravenswood  v.  Johnson,  16  Am.  B.  R.  206 ;  143  Fed.  463. 
In  re  Sturgeon  (C.  C.  A.  2nd  Cir.).  14  Am.  B.  R.  681 ;  139  Fed.  608. 
See,  In  re  Romine,  14  Am.  B.  R.  785,  788;  138  Fed.  837. 


548         GENERAL  ORDERS  IN  BANKRUPTCY. 

See,  Dowagiac  Mf' g  Co.  v.  Lochren,  143  Fed.  211. 

See,  Contra  In  re  "Wildes'  Sons,  11  Am.  B.  R.  714. 

In  re  Lipsett  Co.,  9  Am.  B.  R.  32. 

Dressel  v.  North  State  Lumber  Co.,  9  Am.  B.  R.  541. 

In  re  Isaacson,  23  Am.  B.  R.  665  ;  175  Fed.  292. 

U.  S.  V.  Liberman,  23  Am.  B.  R.  734. 

In  re  "Williams  (D.  C.  Tenn.),  10  Am.  B.  R.  538;  123  Fed.  321. 


XXIII.  Orders  of  Referee. 

In  all  orders  made  by  a  referee,  it  shall  be  recited,  according  as  the  fact  may 
be,  that  notice  was  given  and  the  manner  thereof;  or  that  the  order  was  made 
by  consent;  or  that  no  adverse  interest  was  represented  at  the  hearing;  or 
that  the  order  was  made  after  hearing  adverse  interests. 

Cross  references :  To  the  la'w :  Generally, 
To  the  General  Orders:  IV,  XII. 
To  the  Equity  Rules  :  LXXXV,  LXXXVI. 

ILLUSTRATIVE  CASES. 

Faulk  &  Co.  V.  Steiner  et  al.,  21  Am.  B.  R.  623;  165  Fed.  861. 

In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  11 ;  134  Fed.  51. 


XXIV.  Transmission  of  Proved  Claims  to  Clerk. 

The  referee  shall  forthwith  transmit  to  the  clerk  a  list  of  the  claims  proved 
against  an  estate,  with  the  names  and  addresses  of  the  proving  creditors. 

Cross  references :  To  the  law :  §§  39-a,  57. 
To  the  General  Orders :  XII,  XX. 


XXV.  Special  Meeting  of  Creditors. 

Whenever,  by  reason  of  a  vacancy  in  the  office  of  trustee,  or  for  any  other 
cause,  it  becomes  necessary  to  call  a  special  meeting  of  the  creditors  in  order 
to  carry  out  the  purposes  of  the  act,  the  court  may  call  such  a  meeting, 
specifying  in  the  notice  the  purpose  for  which  it  is  called. 

Cross  references :  To  the  law :  As  to  meetings  of  creditors,  §  55 ;  As  to  meeting  for 
choice  of  n(!W  trustee,  §  44;  As  to  notices  of  meetings,  §  58. 
To  the  General  Orders :  XIII. 

ILLUSTRATIVE  CASE. 
In  re  Lewensohn,  3  Am.  B.  R.  299 ;  98  Fed.  576. 


GENERAL  ORDERS  IN  BANKRUPTCY.        549 

XXVI.  Accounts  of  Referee. 

Every  referee  shall  keep  an  accurate  account  of  his  traveling  and  incidental 
expenses,  and  of  those  of  any  clerk  or  any  officer  attending  him  in  the  perform- 
ance of  his  duties  in  any  case  which  may  be  referred  to  him ;  and  shall  make 
return  of  the  same  under  oath  to  the  judge,  with  proper  vouchers  when 
vouchers  can  be  procured,  on  the  first  Tuesday  in  each  month. 

Cross  references :  To  the  law :  §§  9-a,  42. 

To  the  General  Orders :  X,  XXXV  (2),  and,  by  analogy,  XIX. 

ILLUSTRATIVE   CASES. 

In  re  Todd,  6  Am.  B.  R.  88;  106  Fed.  265. 

In  re  Mammoth  Pine  Lumber  Co.,  8  Am.  B.  R.  651 ;  109  Fed.  308. 

In  re  Daniels,  12  Am.  B.  R.  446;  130  Fed.  597. 


XXVII.  Review  by  Judge. 

When  a  bankrupt,  creditor,  trustee,  or  other  person  shall  desire  a  review  by 
the  judge  of  any  order  made  by  the  referee  he  shall  file  with  the  referee,  his 
petition  therefor,  setting  out  the  error  complained  of;  and  the  referee  shall 
forthwith  certify  to  the  judge  the  question  presented,  a  summary  of  the 
evidence  relating  thereto,  and  the  finding  and  order  of  the  referee  thereon. 

Cross  references:  To  the  law:  §§  2  (10),  38-a,  39-a  (5). 
To  the  General  Orders :  By  analogy,  XXXVI. 

ILLUSTRATIVE  CASES. 

In  re  Schiller,  2  Am.  B.  R.  704;  96  Fed.  400. 

In  re  Scott,  3  Am.  B.  R.  625;  99  Fed.  404. 

Cunningham  v.  Bank,  4  Am.  B.  R.  192;  103  Fed.  932. 

In  re  Chambers.  6  Am.  B.  R.  709. 

In  re  De  Gottardi,  7  Am.  B.  R.  723. 

In  re  Koenig,  11  Am.  B.  R.  617. 

Allgair  v.  Fisher  &  Co.,  16  Am.  B.  R.  278;  143  Fed.  962. 

Bank  of  Ravenswood  v.  Johnson,  16  Am.  B.  R.  206;  143  Fed.  468. 

In  re  Pettengill,  15  Am.   B.  R.  757,  761 ;  135  Fed.  218. 

In  re  Foss,  17  Am  B.  R.  439;  147  Fed.  790. 

In  re  Ilenschel.  12  .\m.  B.  R.  31. 

In  re  Kurtz,  11  Am.  B.  R.  129;  125  Fed.  992. 

In  re  Russell.  5  Am.  B.  R.  566. 

In  re  Hoyt  &  Mitchell,  11  Am.  B.  R.  785. 

In  re  Home  Discount  Co.,  17  Am.  B.  R.  168;  147  Fed.  538. 

In  re  Gmnt,  16  Am.  B.  R.  256;  143  Fed.  661. 

In  re  Romine,  14  Am.  B.  R.  785,  789;  138  Fed.  837. 

In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  11. 

A  referee  may  not  review  his  own  order  upon  exceptions  thereto. 

In  re  Greek  Mf'g  Co.  (D.  C.  Pa.),  21  Am.  B.  R.  111. 


550         GENERAL  ORDERS  IN  BANKRUPTCY. 

Referee  must  summarize  the  evidence. 

Crim  V.  Woodford  (C.  C.  A.  4th  Cir.),  14  Am.  B.  R.  302,  304;  136  Fed.  34. 

In  re  Fisher,  14  Am.  B.  R.  366 ;  135  Fed.  223. 

In  re  Reukauff,  Sons  &  Co.,  (Inc.)  14  Am.  B.  R.  344;  135  Fed.  251. 

In  re  Clarke  Coal  &  Coke  Co.,  23  Am.  B.  R.  273 

Knapp  &  Spencer  Co.  v.  Drew,  20  Am.  B.  R.  355;  160  Fed.  413;  87  C.  C.  A.  365. 

1st  Nat.  Bank  v.  Pearcy,  133  Fed.  1019;  66  C.  C.  A.  125. 

In  re  Marks  (D.  C.  Pa.).  22  Am.  B.  R.  568;  171  Fed.  281. 

Craddock-Terry  Co.  v.  Kaufman,  23  Am.  B.  R.  724;  175  Fed.  303. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

"West  V.  McLaughlin  Co.,  20  Am.  B.  R.  654. 

In  re  T.  M.  Lesher  &  Son.  176  Fed.  650. 


XXVIII.  Redemption  of  Property  and  Compounding  of  Claims. 

Whenever  it  may  be  deemed  for  the  benefit  of  the  estate  of  a  bankrupt  to 
redeem  and  discharge  any  mortgage  or  other  pledge,  or  deposit  or  lien,  upon 
any  property,  real  or  personal,  or  to  relieve  said  property  from  any  conditional 
contract,  and  to  tender  performance  of  the  conditions  thereof,  or  to  compound 
and  settle  any  debts  or  other  claims  due  or  belonging  to  the  estate  of  the  bank- 
rupt, the  trustee,  or  the  bankrupt,  or  any  creditor  who  has  proved  his  debt, 
may  file  his  petition  therefor ;  and  thereupon  the  court  shall  appoint  a  suitable 
time  and  place  for  the  hearing  thereof,  notice  of  which  shall  be  given  as  the 
court  shall  direct,  so  that  all  creditors  and  other  persons  interested  may  appear 
and  show  cause,  if  any  they  have,  why  an  order  should  not  be  passed  by  the 
court  upon  the  petition  authorizing  such  act  on  the  part  of  the  trustee. 

Cross  references :  To  the  la'w :  As  to  redemption  of  property  from  liens,  none,  save  by 
analogy.  §§  2  (7),  67;  As  to  compounding  of  claims,  §§  27,  58-a(7),  and,  by  analogy 
§26. 
To  the  General  Orders  :  XXXIII. 

ILLUSTRATIVE    CASES. 

In  re  Mammoth  Pine  Lumber  Co.,  8  Am.  B.  R.  651 ;  109  Fed.  308. 
In  re  Wolf  &  Levy,  10  Am.  B.  R.  153;  122  Fed.  127 
In  re  Grainger,  20  Am.  B.  R.  166;  160  Fed.  69. 


XXIX.  Payment  of  Moneys  Deposited. 

No  moneys  deposited  as  required  by  the  act  shall  be  drawn  from  the  de- 
pository unless  by  check  or  warrant,  signed  by  the  clerk  of  the  court,  or  by  a 
trustee,  and  countersigned  by  the  judge  of  the  court,  or  by  a  referee  designated 
for  that  purpose,  or  by  the  clerk  or  his  assistant  under  an  order  made  by  the 
judge,  stating  the  date,  the  sum,  and  the  account  for  which  it  is  drawn;  and 
an  entry  of  the  substance  of  such  check  or  warrant,  with  the  date  thereof,  the 
sum  drawn  for,  and  the  account  for  which  it  is  drawn,  shall  be  forthwith  made 
in  a  book  kept  for  that  purpose  by  the  trustee  or  his  clerk ;  and  all  checks  and 


GENERAL  ORDERS  IN  BANKRUPTCY.         551 

drafts  shall  be  entered  in  the  order  of  time  in  which  they  are  drawn,  and  shall 
be  numbered  in  the  case  of  each  estate.  A  copy  of  this  general  order  shall 
be  furnished  to  the  depository,  and  also  the  name  of  any  referee  or  clerk 
authorized  to  countersign  said  checks. 

Cross  references:  To  the  law:  §§  47-a,  61. 

ILLUSTRATIVE  CASES. 

In  re  Cobb.  7  Am.  B.  R.  202;  112  Fed.  655. 

In  re  Hoyt,  9  Am.  B.  R.  574;  119  Fed.  987. 

Huttig  Mf  g  Co.  V.  Edwards,  20  Am.  B.  R.  349. 

In  re  Carr.  9  Am.  B.  R.  58;  117  Fed.  572. 

In  re  Hoyt  &  Mitchell,  11  Am.  B.  R.  784;  127  Fed.  968. 

XXX.  Imprisoned  Debtor. 

If,  at  the  time  of  preferring  his  petition,  the  debtor  shall  be  imprisoned, 
the  court,  upon  application,  may  order  him  to  be  produced  upon  habeas  corpus, 
by  the  jailer  or  any  officer  in  whose  custody  he  may  be,  before  the  referee,  for 
the  purpose  of  testifying  in  any  matter  relating  to  his  bankruptcy;  and,  if 
committed  after  the  filing  of  his  petition  upon  process  in  any  civil  action 
founded  upon  a  claim  provable  in  bankruptcy,  the  court  may,  upon  like  ap- 
plication, discharge  him  from  such  imprisonment.  If  the  petitioner,  during 
the  pendency  of  the  proceedings  in  bankruptcy,  be  arrested  or  imprisoned  upon 
process  in  any  civil  action,  the  district  court,  upon  his  application,  may  issue 
a  writ  of  habeas  corpus  to  bring  him  before  the  court  to  ascertain  whether  such 
process  has  been  issued  for  the  collection  of  any  claim  provable  in  bankruptcy, 
and  if  so  provable  he  shall  be  discharged ;  if  not,  he  shall  be  remanded  to  the 
custody  in  which  he  may  lawfully  be.  Before  granting  the  order  for  discharge 
the  court  shall  cause  notice  to  be  served  upon  the  creditor  or  his  attorney,  so  as 
to  give  him  an  opportunity  of  appearing  and  being  heard  before  the  granting 
of  the  order. 

Cross  references  :  To  the  law  :  §  9a. 
To  the  General  Orders:  XII  (1). 

ILLUSTRATIVE  CASES. 

In  re  Marcus,  5  Am.  B.  R.  365;  105  Fed.  907. 

In  re  Claiborne,  5  Am.  B.  R.  812;  109  Fed.  74. 

In  re  Fife,  6  Am.  B.  R.  258;  109  Fed.  880. 

Barrett  v.  Prince  (C.  C.  A.),  16  Am.  B.  R.  64;  143  Fed.  802. 

In  re  Adler,  16  Am.  B.  R.  414;  144  Fed.  659. 

People  ex  rel.  Taranto  v.  Erlanger,  13  Am.  B.  R.  197;  132  Fed.  888. 

In  re  Dresser,  10  Am.  B.  R.  270. 

In  re  Lewensohn,  3  Am.  B.  R.  594;  99  Fed.  73. 

In  re  Hilton,  4  Am.  B.  R.  774;  104  Fed.  981. 

In  re  Baker,  3  Am.  B.  R.  101 ;  96  Fed.  954. 

Knott  V.  Putnam,  6  Am.  B.  R.  80;  107  Fed.  907. 


562  GENERAL  ORDERS  IN  BANKRUPTCY. 

ZXXI.  Petition  for  Discharge. 

The  petition  of  a  bankrupt  for  a  discharge  shall  state  concisely,  in  accord- 
ance with  the  provisions  of  the  act  and  the  orders  of  the  court,  the  proceedings 
in  the  case  and  the  acts  of  the  bankrupt. 

Cross  references  :  To  the  law :  §§  14,  18-c. 
To  the  General  Orders  :  XXXII. 
To  the  Equity  Rules :  XX  to  XXV. 

ILLUSTRATIVE  CASES. 

In  re  Soper  &  Slada.  1  Am.  B.  R.  193. 

In  re  Glass,  9  Am.  B.  R.  391 ;  119  Fed.  509. 

XXXII.  Opposition  to  Discharge  or  Composition. 

A  creditor  opposing  the  application  of  a  bankrupt  for  his  discharge,  or  for 
the  confirmation  of  a  composition,  shall  enter  his  appearance  in  opposition 
thereto  on  the  day  when  the  creditors  are  required  to  show  cause,  and  shall  file 
a  specification  in  writing  of  the  grounds  of  his  opposition  within  ten  days 
thereafter,  unless  the  time  shall  be  enlarged  by  special  order  of  the  judge. 

Cross  references :  To  the  law :  §§  12,  14. 
To  the  General  Orders  :  IV,  XXXI. 

ILLUSTRATIVE  CASES. 

In  re  Clothier,  6  Am.  B.  R.  203;  105  Fed.  199. 
In  re  Gasser,  5  Am.  B.  R.  32;  104  Fed.  537. 
In  re  Albrecht,  5  Am.  B.  R.  223;  104  Fed.  974. 
Adler  v.  Jones.  6  Am.  B.  R.  245;  109  Fed.  967. 
Ross  V.  Saunders,  5  Am.  B.  R.  350. 
In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 
In  re  Hixon,  1  Am.  B.  R.  610;  93  Fed.  440. 
In  re  Grant,  14  Am.  B.  R.  398;  135  Fed.  889. 
In  re  Ginsburg,  12  Am.  B.  R.  459;  130  Fed.  627. 
In  re  Levy,  13  Am.  B.  R.  312;  133  Fed.  572. 
In  re  J.  J.  Young.  20  Am.  B.  R.  697. 
In  re  Nathanson,  18  Am.  B.  R.  252. 
In  re  Osborne,  8  Am.  B.  R.  165. 
In  re  Levin,  176  Fed.  177. 

XXXIII.  Arbitration. 

Whenever  a  trustee  shall  make  application  to  the  court  for  authority  to 
submit  a  controversy  arising  in  the  settlement  of  a  demand  against  a  bankrupt's 
estate,  or  for  a  debt  due  to  it,  to  the  determination  of  arbitrators,  or  for  au- 
thority to  compound  and  settle  such  controversy  by  agreement  with  the  other 


GENERAL  ORDERS  IN  BANKRUPTCY.         553 

party,  the  application  shall  clearly  and  distinctly  set  forth  the  subject-matter 
of  the  controversy,  and  the  reasons  why  the  trustee  thinks  it  proper  and  most 
for  the  interest  of  the  estate  that  the  controversy  should  be  settled  by  arbitra- 
tion or  otherwise. 

Cross  references :  To  the  law :  §§  26,  58-a  (7),  and,  by  analogy,  §  27. 
To  the  General  Orders:  By  analogy,  XXVIII. 

ILLUSTRATIVE   CASE. 
In  re  ffixon,  1  Am.  B.  R.  610;  93  Fed.  440. 

XXXIV.  Costs  in  Contested  Adjudications. 

In  cases  of  involuntary  bankruptcy,  when  the  debtor  resists  an  adjudication, 
and  the  court,  after  hearing,  adjudges  the  debtor  a  bankrupt,  the  petitioning 
creditor  shall  recover,  and  be  paid  out  of  the  estate,  the  same  costs  that  are 
allowed  to  a  party  recovering  in  a  suit  in  equity;  and  if  the  petition  is  dis- 
missed, the  debtor  shall  recover  like  costs  against  the  petitioner. 

Cross  references  :   To  the  law  :  §§  2  (18),  3-e. 
To  the  General  Orders :  By  analogy,  X. 

ILLUSTRATIVE  CASES. 

In  re  Ghiglione,  1  Am.  B.  R.  580;  93  Fed.  186. 

In  re  Philadelphia  and  Lewes  Transportation  Co.,  11  Am.  B.  R.  444;  127  Fed.  896. 
Selkregg  v.  Hamilton.  16  Am.  B.  R.  474;  144  Fed.  557. 
In  re  Hines,  16  Am.  B.  R.  588;  144  Fed.  142. 
Hoffschlaeger  Co.  v.  Young  Nap,  12  Am.  B.  R.  526. 
In  re  Barnet,  12  Am.  B.  R.  626;  113  Fed.  107. 

XXXV.  Compensation  of  Clerks,  Referees  and  Trustees. 

1.  The  fees  allowed  by  the  act  to  clerks  shall  be  in  full  compensation  for  all 
services  performed  by  them  in  regard  to  filing  petitions  or  other  papers  re- 
quired by  the  act  to  be  filed  with  them,  or  in  certifying  or  delivering  papers  or 
copies  of  records  to  referees  or  other  officers,  or  in  receiving  or  paying  out 
money;  but  shall  not  include  copies  furnished  to  other  persons,  or  expenses 
necessarily  incurred  in  publishing  or  mailing  notices  or  other  papers. 

2.  The  compensation  of  referees,  prescribed  by  the  act,  shall  be  in  full  com- 
pensation for  all  services  performed  by  them  under  the  act,  or  under  these 
general  orders;  but  shall  not  include  expenses  necessarily  incurred  by  them  in 
publishing  or  mailing  notices,  in  traveling,  or  in  perpetuating  testimony,  or 
other  expenses  necessarily  incurred  in  the  performance  of  their  duties  under  the 
act  and  allowed  by  special  order  of  the  judge. 

3.  The  compensation  allowed  to  trustees  by  the  act  shall  be  in  full  compensa- 
tion for  the  services  performed  by  them ;  but  shall  not  include  expenses  neces- 


554         GENERAL  ORDERS  IN  BANKRUPTCY. 

sariiy  incurred  in  the  performance  of  their  duties  and  allowed  upon  the  settle- 
ment of  their  accounts. 

4.  In  any  case  in  which  the  fees  of  the  clerk,  referee  and  trustee  are  not 
required  by  the  act  to  be  paid  by  a  debtor  before  filing  his  petition  to  be  ad- 
judged a  bankrupt,  the  judge,  at  any  time  during  the  pendency  of  the  proceed- 
ings in  bankruptcy,  may  order  those  fees  to  be  paid  out  of  the  estate;  or  may, 
after  notice  to  the  bankrupt,  and  satisfactory  proof  that  he  then  has  or  can 
obtain  the  money  with  which  to  pay  those  fees,  order  him  to  pay  them  within 
a  time  specified,  and,  if  he  fails  to  do  so,  may  order  his  petition  to  be  dismissed. 
He  may  also,  pending  such  proceedings,  both  in  voluntary  and  involuntary 
cases,  order  the  commissions  of  referees  and  trustees  to  be  paid  immediately 
after  such  commissions  accrue  and  are  earned. 

Cross    references:    To  the  la-w;  As  to   compensation  of  clerks,  §§  51,   71.     As  to 
compensation  of  referees,  §§  40,  72.     As  to  compensation  of  trustees,   §§  48,  72. 
As  to  Pauper  cases,  §  51 -a  (2). 
To  the  General  Orders :  X,  XII,  XVII,  XIX,  XXVI,  XXIX. 

ILLUSTRATIVE  CASES. 

In  re  Collier,  1  Am.  B.  R.  182;  93  Fed.  191. 

In  re  Langslow,  1  Am.  B.  R.  258:  98  Fed.  869. 

In  re  Felsou,  15  Am.  B.  R.  185,  194;  139  Fed.  275. 

In  re  Pierce,  6  Am.  B.  R.  747. 

In  re  Epstein,  6  Am.  B.  R.  191 ;  109  Fed.  878. 

In  re  Plimpton,  4  Am.  B.  R.  614. 

Compensation  of  Referee. 

Bray.  Trustee  v.  Johnson,  Referee  et  al.  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  383. 

Trustee's  Expenses. 

In  re  Hart  &  Co.,  17  Am.  B.  R.  480. 

In  re  Wilcox,  19  Am.  B.  R.  241 ;  156  Fed.  685. 

Fees  of  Clerks. 

In  re  Dunn  Hardware  &  Furniture  Co.,  14  Am.  B.  R.  186;  134  Fed.  997. 

In  re  Screws,  17  Am.  B.  R.  269;  147  Fed.  989. 

Dressel  v.  North  State  Lumber  Co.,  9  Am.  B.  R.   541;  119  Fed.  531. 

In  re  Dixon,  8  Am.  B.  R.  145 ;  114  Fed.  675. 

Sellers  v.  Bell,  2  Am.  B.  R.  529;  94  Fed.  801. 

XXXVI.  Appeals. 

1.  Appeals  from  a  court  of  bankruptcy  to  a  circuit  court  of  appeals,  or  to 
the  supreme  court  of  a  Territory,  shall  be  allowed  by  a  judge  of  the  court 
appealed  from  or  of  the  court  appealed  to,  and  shall  be  regulated,  except  as 
otherwise  provided  in  the  act,  by  the  rules  governing  appeals  in  equity  in  the 
courts  of  the  United  States. 

2.  Appeals  under  the  act  to  the  Supreme  Court  of  the  United  States,  from 
a  circuit  court  of  appeals,  or  from  a  supreme  court  of  a  Territory,  or  from  the 
Supreme  Court  of  the  District  of  Columbia,  or  from  any  court  of  bankruptcy 
whatever,  shall  be  taken  within  thirty  days  after  the  judgment  or  decree,  and 


GENERAL  ORDERS  IN  BANKRUPTCY.         555 

shall  be  allowed  by  a  judge  of  the  court  appealed  from,  or  by  a  justice  of  the 
Supreme  Court  of  the  United  States. 

3.  In  every  case  in  which  either  party  is  entitled  by  the  act  to  take  an  appeal 
to  the  Supreme  Court  of  the  United  States,  the  court  from  which  the  appeal 
lies  shall,  at  or  before  the  time  of  entering  its  judgment  or  decree,  make  and 
file  a  finding  of  the  facts,  and  its  conclusions  of  law  thereon,  stated  separately; 
and  the  record  transmitted  to  the  Supreme  Court  of  the  United  States  on 
such  an  appeal  shall  consist  only  of  the  pleadings,  the  judgment  or  decree,  the 
finding  of  facts,  and  the  conclusions  of  law. 

Cross  references  :  To  the  la-w:  g§  24,  25. 

To  the  General  Orders  :  By  analogy,  XXVII. 

ILLUSTRATIVE   CASES. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell,  17  Am.  B.  R.  135;  147  Fed.  475. 
In  re  Rauchenplatt,  9  Am.  B.  R.  763. 

First  National  Bank  of  Denver  et  al.  v.  King,  8  Am.  B.  R.  12;  186  U.  S.  202. 
Crucible  Steel  Co.  of  America  v.  Holt,  23  Am.  B.  R.  302;  174  Fed.  127. 
Ross  et  al.  v.  Stroh,  21  Am.  B.  R.  644;  165  Fed.  628. 
Chapman,  Trustee,  etc.  v.  Bowen  (U.  S.  Sup.),  18  Am.  B.  R.  844. 
Conboy  v.  National  Bank  (U.  S.  Sup.)  16  Am.  B.  R.  773 ;  203  U.  S.  141. 
Section  3. 

Knapp  V.  Milwaukee  Trust  Co..  20  Am.  B.  R.  671;  162  Fed.  675;  s.  c.  (U.  S.  Sup.), 
80  Sup.  Ct.  Rep.  412. 

Hiscock  V.  Varick  Bank  of  N.  Y.,  18  Am.  B.  R.  1. 
Armstrong  v.  Fernandez  et  al.,  19  Am.  B.  R.  746. 
In  re  Philip  Semner  Glass  Co..  135  Fed.  77. 


XXXVII.  General  Provisions. 

In  proceedings  in  equity,  instituted  for  the  purpose  of  carrj'ing  into  effect  the 
provisions  of  the  act,  or  for  enforcing  the  rights  and  remedies  given  by  it,  the 
rules  of  equity  practice  established  by  the  Supreme  Court  of  the  United  States 
shall  be  followed  as  nearly  as  may  be.  In  proceedings  at  law,  instituted  for 
the  same  purpose,  the  practice  and  procedure  in  cases  at  law  shall  be  followed 
as  nearly  as  may  be.  But  the  judge  may,  by  special  order  in  any  case,  vary 
the  time  allowed  for  return  of  process,  for  appearance  and  pleading,  and  for 
taking  testimony  and  publication,  and  may  otherwise  modify  the  rules  for  the 
preparation  of  any  particular  case  so  as  to  facilitate  a  speedy  hearing. 

ILLUSTRATIVE  CASES. 

In  re  Fleischer,  18  Am.  B.  R.  194;  151  Fed.  81. 

In  re  Hark  Bros.,  14  Am.  B.  R.  400. 

In  re  Lipsett,  Levittan  *&  Co.,  9  Am.  B.  R.  32. 

In  re  Waugh  (C.  C.  A.  9th  Cir.),  13  Am.  B.  R.  187;  138  Fed.  281. 

In  re  Decker-Foster  Co.,  10  Am.  B.  R.  584. 

Ex  parte  Steele.  20  Am.  B.  R.  575;  162  Fed.  694. 

In  re  Kenney  &  Co.,  14  Am.  B.  R.  611 ;  136  Fed.  451. 


556  GENERAL  ORDERS  IN  BANKRUPTCY. 

XXXVm.  Forms. 

The  several  forms  annexed  to  these  general  orders  shall  be  observed  and 
used,  with  such  alterations  as  may  be  necessary  to  suit  the  circumstances  of 
any  particular  case. 

ILLUSTRATIVE  CASES. 

Burke  v.  Guarantee  Title  &  Trust  Co.,  14  Am.  B.  R.  31;  134  Fed.  662;  67  C.  C.  A.  486. 

In  re  Laskaris,  1  Am.  B.  R.  480. 

In  re  Soper  and  Slada,  1  Am.  B.  R.  133. 


THE 

BANKRUPTCY  ACT  OF  1898 

WITH  AMENDMENTS  OF  1903,  1906  AND  1910. 


An  Act  to  Establish  a  Uniform  System  of   Bankruptcy 
Throughout  the  United  States. 

Approved  July  1,  1898,;  Amendments  Approved  Feb.  5,  1903  ;  June  15,  1906 

AND  June  25,  1910. 


Be  it  enacted  hy  the   Senate  and  House  of  Representatives  of  the  United 
/States  of  America  in  Congress  assembled : 


CHAPTER  I. 

DEFINITIONS. 

Section  1.  Meaning  of  "Words  and  Phrases. 

a.  The  words  and  phrases  used  in  this  act  and  in  proceedings  pursuant 
hereto  shall,  unless  the  same  be  inconsistent  with  the  context,  be  construed 
as  follows:  (1)  "A  person  against  whom  a  petition  has  been  filed"  shall  in- 
clude a  person  who  has  filed  a  voluntary  petition;  (2)  "adjudication"  shall 
mean  the  date  of  the  entry  of  a  decree  that  the  defendant,  in  a  bankruptcy  pro- 
ceeding, is  a  bankrupt,  or  if  such  decree  is  appealed  from,  then  the  date  when 
such  decree  is  finally  confirmed;  (3)  "appellate  courts"  shall  include  the 
circuit  courts  of  appeals  of  the  United  States,  the  supreme  courts  of  the  Ter- 
ritories, and  the  Supreme  Court  of  the  United  States;  (4)  "bankrupt  "  shall 
include  a  person  against  whom  an  involuntary  petition  or  an  application  to  set 
a  composition  aside,  or  to  revoke  a  discharge  has  been  filed,  or  who  has  filed  a 
voluntary  petition,  or  who  has  been  adjudged  a  bankrupt;  (5)  "clerk"  shall 
mean  the  clerk  of  a  court  of  bankruptcy;  (6)  "corporations"  shall  mean  all 
bodies  having  any  of  the  powers  and  privileges  of  private  corporations  not 
possessed  by  individuals  or  partnerships,  and  shall  include  limited  or  other 

Explanation. — Matter  in  italics  Is  amendment  of  1910 

557 


558  THE  BANKRUPTCY  ACT  OF  1898. 

partnership  associations  organized  under  laws  making  the  capital  subscribed 
alone  responsible  for  the  debts  of  the  associations;  (7)  "court"  shall  mean 
the  court  of  bankruptcy  in  which  the  proceedings  are  pending,  and  may  include 
the  referee;  (8)  "  courts  of  bankruptcy  "  shall  include  the  district  courts  of  the 
United  States  and  of  the  Territories,  the  supreme  court  of  the  District  of 
Columbia,  and  the  United  States  court  of  the  Indian  Territory,  and  of  Alaska ; 

(9)  "creditor"  shall  include  anyone  who  owns  a  demand  or  claim  provable 
in  bankruptcy,  and  may  include  his  duly  authorized  agent,  attorney,  or  proxy ; 

(10)  "date  of  bankruptcy,"  or  "time  of  bankruptcy,"  or  "commencement  of 
proceedings,"  or  "  bankruptcy,"  with  reference  to  time,  shall  mean  the  date 
when  the  petition  was  filed;  (11)  "debt"  shall  include  any  debt,  demand,  or 
claim  provable  in  bankruptcy;  (12)  "discharge"  shall  mean  the  release  of  a 
bankrupt  from  all  of  his  debts  which  are  provable  in  bankruptcy,  except  such 
as  are  excepted  by  this  act;  (13)  "document"  shall  include  any  book,  deed, 
or  instrument  in  writing;  (14)  "holiday  "  shall  include  Christmas,  the  Fourth 
of  July,  the  Twenty-second  of  February,  and  any  day  appointed  by  the  Presi- 
dent of  the  United  States  or  the  Congress  of  the  United  States  as  a  holiday  or 
as  a  day  of  public  fasting  or  thanksgiving;  (15)  a  person  shall  be  deemed 
insolvent  within  the  provisions  of  this  act  whenever  the  aggregate  of  his  prop- 
erty, exclusive  of  any  property  which  he  may  have  conveyed,  transferred,  con- 
cealed, or  removed,  or  permitted  to  be  concealed  or  removed,  with  intent  to 
defraud,  hinder  or  delay  his  creditors,  shall  not,  at  a  fair  valuation,  be  sufficient 
in  amount  to  pay  his  debts;  (16)  "judge"  shall  mean  a  judge  of  a  court  of 
bankruptcy,  not  including  the  referee;  (17)  "oath"  shall  include  affirmation; 
(18)  "officer"  shall  include  clerk,  marshal,  receiver,  referee,  and  trustee,  and 
the  imposing  of  a  duty  upon  or  the  forbidding  of  an  act  by  any  officer  shall 
include  his  successor  and  any  person  authorized  by  law  to  perform  the  duties  of 
such  officer;  (19)  "persons"  shall  include  corporations,  except  where  other- 
wise specified,  and  officers,  partnerships,  and  women,  and  when  used  with  refer- 
ence to  the  commission  of  acts  which  are  herein  forbidden  shall  include  persons 
who  are  participants  in  the  forbidden  acts,  and  the  agents,  officers,  and  mem- 
bers of  the  board  of  directors  or  trustees,  or  other  similar  controlling  bodies 
of  corporations;  (20)  "petition"  shall  mean  a  paper  filed  in  a  court  of  bank- 
ruptcy or  with  a  clerk  or  deputy  clerk  by  a  debtor  praying  for  the  benefits  of 
this  act,  or  by  creditors  alleging  the  commission  of  an  act  of  bankruptcy  by  a 
debtor  therein  named;  (21)  "referee"  shall  mean  the  referee  who  has  juris- 
diction of  the  case  or  to  whom  the  case  has  been  referred,  or  anyone  acting  in 
his  stead:  (22)  "conceal"  shall  include  secrete,  falsify,  and  mutilate;  (23) 
"  secured  creditor  "  shall  include  a  creditor  who  has  security  for  his  debts  upon 
the  property  of  the  bankrupt  of  a  nature  to  be  assignable  under  this  act,  or  who 
owns  such  a  debt  for  which  some  indorser,  surety,  or  other  persons  secondarily 
liable  for  the  bankrupt  has  such  security  upon  the  bankrupt's  assets;  (24) 
"  States  "  shall  include  the  Territories,  the  Indian  Territory,  Alaska,  and  the 
District  of  Columbia;  (25)  "transfer"  shall  include  the  sale  and  every  other 
and  different  mode  of  disposing  of  or  parting  with  property,  or  the  possession 


THE  BANKRUPTCY  ACT  OF  1898.  559 

of  property,  absolutely  or  conditionally,  as  a  payment,  pledge,  mortgage,  gift, 
or  security;  (26)  "  trustee  "  shall  include  all  of  the  trustees  of  an  estate;  (27) 
"  wage-earner  "  shall  mean  an  individual  who  works  for  wages,  salary,  or  hire, 
at  a  rate  of  compensation  not  exceeding  one  thousand  five  hundred  dollars  per 
year;  (28)  words  importing  the  masculine  gender  may  be  applied  to  and  in- 
clude corporations,  partnerships,  and  women;  (29)  words  importing  the 
plural  number  may  be  applied  to  and  mean  only  a  single  person  or  thing; 
(30)  words  importing  the  singular  number  may  be  applied  to  and  mean  several 
persons  or  things. 


560  THE  BANKRUPTCY  ACT  OF  1898. 


CHAPTER  11. 

CREATION  OF  COURTS  OF  BANKRUPTCY  AND  THEIR  JURISDICTION. 

§  2.  That  the  courts  of  bankruptcy  as  hereinbefore  defined,  viz.,  the  district 
courts  of  the  United  States  in  the  several  States,  the  supreme  court  of  the 
District  of  Columbia,  the  district  courts  of  the  several  Territories,  and  the 
United  States  courts  in  the  Indian  Territory  and  the  District  of  Alaska,  are 
hereby  made  courts  of  bankruptcy,  and  are  hereby  invested,  within  their 
respective  territorial  limits  as  now  established,  or  as  they  may  be  hereafter 
changed,  with  such  jurisdiction  at  law  and  in  equity  as  will  enable  them  to 
exercise  original  jurisdiction  in  bankruptcy  proceedings,  in  vacation  in  cham- 
bers and  during  their  respective  terms,  as  they  are  now  or  may  be  hereafter 
held,  to  (1)  adjudge  persons  bankrupt  who  have  had  their  principal  place  of 
business,  resided,  or  had  their  domicile  within  their  respective  territorial 
jurisdictions  for  the  preceding  six  months,  or  the  greater  portion  thereof,  or 
who  do  not  have  their  principal  place  of  business,  reside,  or  have  their  domicile 
within  the  United  States,  but  have  property  within  their  jurisdictions,  or  who 
have  been  adjudged  bankrupts  by  courts  of  competent  jurisdiction  without  the 
United  States  and  have  property  within  their  jurisdiction;  (2)  allow  claims, 
disallow  claims,  reconsider  allowed  or  disallowed  claims,  and  allow  or  disallow 
them  against  bankrupt  estates;  (3)  appoint  receivers  or  the  marshals,  upon 
application  of  parties  in  interest,  in  case  the  courts  shall  find  it  absolutely 
necessary,  for  the  preservation  of  estates,  to  take  charge  of  the  property  of 
bankrupts  after  the  filing  of  the  petition  and  until  it  is  dismissed  or  the  trustee 
is  qualified;  (4)  arraign,  try,  and  punish  bankrupts,  officers,  and  other  persons, 
and  the  agents,  officers,  members  of  the  board  of  directors  or  trustees,  or  other 
similar  controlling  bodies  of  corporations  for  violations  of  this  act,  in  accord- 
ance with  the  laws  of  procedure  of  the  United  States  now  in  force,  or  such  as 
may  be  hereafter  enacted,  regulating  trials  for  the  alleged  violation  of  laws  of 
the  United  States;  (5)  authorize  the  business  of  bankrupts  to  be  conducted  for 
limited  periods  by  receivers,  the  marshals,  or  trustees,  if  necessary  in  the  best 
interests  of  the  estates,  and  allow  such  officers  additional  compensation  for 
such  services  as  provided  in  section  forty-eight  of  this  act;  (6)  bring  in  and 
substitute  additional  persons  or  parties  in  proceedings  in  bankruptcy  when 
necessary  for  the  complete  determination  of  a  matter  in  controversy;  (7) 
cause  the  estates  of  bankrupts  to  be  collected,  reduced  to  money  and  distributed, 
and  determine  controversies  in  relation  thereto,  except  as  herein  otherwise 
provided;  (8)  close  estates,  whenever  it  appears  that  they  have  been  fully 
administered,  by  approving  the  final  accounts  and  discharging  the  trustees, 
and  reopen  them,  whenever  it  appears  they  were  closed  before  being  fully  ad- 
ministered;  (9)   confirm  or  reject  compositions  between  debtors  and  their 


THE  BANKRUPTCY  ACT  OF  1898.  561 

creditors,  and  set  aside  compositions  and  reinstate  the  cases;  (10)  consider 
and  confirm,  modify  or  overrule,  or  return,  with  instructions  for  further 
proceedings,  records  and  findings  certified  to  them  by  referees;  (11)  determine 
all  claims  of  bankrupts  to  their  exemptions;  (12)  discharge  or  refuse  to  dis- 
charge bankrupts  and  set  aside  discharges  and  reinstate  the  cases;  (13)  en- 
force obedience  by  bankrupts,  officers,  and  other  persons  to  all  lawful  orders, 
by  fine  or  imprisonment  or  fine  and  imprisonment;  (14)  extradite  bankrupts 
from  their  respective  districts  to  other  districts;  (15)  make  such  orders,  issue 
such  process,  and  enter  such  judgments  in  addition  to  those  specifically  pro- 
vided for  as  may  be  necessary  for  the  enforcement  of  the  provisions  of  this 
act;  (16)  punish  persons  for  contempts  committed  before  referees;  (17)  pur- 
suant to  the  recommendation  of  creditors,  or  when  they  neglect  to  recommend 
the  appointment  of  trustees,  appoint  trustees,  and  upon  complaints  of  creditors, 
remove  trustees  for  cause  upon  hearings  and  after  notices  to  them;  (18)  tax 
costs,  whenever  they  are  allowed  by  law,  and  render  judgments  therefor  against 
the  unsuccessful  party,  or  the  successful  party  for  cause,  or  in  part  against  eacii 
of  the  parties,  and  against  estates,  in  proceedings  in  bankruptcy;  (19)  transfer 
cases  to  other  courts  of  bankruptcy;  and  (20)  exercise  ancillary  jurisdiction 
over  persons  or  property  within  their  respective  territorial  limits  in  aid  of  a 
receiver  or  trustee  appointed  in  any  hanhruptcy  proceedings  pending  in  any 
other  court  of  bankruptcy. 

Nothing  in  this  section  contained  shall  be  construed  to  deprive  a  court  of 
bankruptcy  of  any  power  it  would  possess  were  certain  specific  powers  not 
herein  enumerated. 


562  THE  BANKRUPTCY  ACT  OF  1898. 

CHAPTER  III. 
BANKRUPTS. 

g  3.  Acts  of  Bankruptcy. 

a  Acts  of  bankruptcy  by  a  person  shall  consist  of  his  having  (1)  con- 
veyed, transferred,  concealed,  or  removed,  or  permitted  to  be  concealed  or 
removed,  any  part  of  his  property  with  intent  to  hinder,  delay,  or  defraud  his 
creditors,  or  any  of  them;  or  (2)  transferred,  while  insolvent,  any  portion 
of  his  property  to  one  or  more  of  his  creditors  with  intent  to  prefer  such 
creditors  over  his  other  creditors;  or  (3)  suffered  or  permitted,  while  insolvent, 
any  creditor  to  obtain  a  preference  through  legal  proceedings,  and  not  having 
at  least  five  days  before  a  sale  or  final  disposition  of  any  property  affected  by 
such  preference  vacated  or  discharged  such  preference;  or  (4)  made  a  general 
assignment  for  the  benefit  of  his  creditors,  or,  being  insolvent,  applied  for  a 
receiver  or  trustee  for  his  property  or  because  of  insolvency  a  receiver  or  trustee 
has  been  put  in  charge  of  his  property  under  the  laws  of  a  State,  of  a  Territory,, 
or  of  the  United  States;  or  (5)  admitted  in  writing  his  inability  to  pay  his- 
debts  and  his  willingness  to  be  adjudged  a  bankrupt  on  that  ground. 

h  A  petition  may  be  filed  against  a  person  who  is  insolvent  and  who  has 
committed  an  act  of  bankruptcy  within  four  months  after  the  commission  of 
such  act.  Such  time  shall  not  expire  until  four  months  after  ( 1 )  the  date  of 
the  recording  or  registering  of  the  transfer  or  assignment  when  the  act  con- 
sists in  having  made  a  transfer  of  any  of  his  property  with  intent  to  hinder,, 
delay,  or  defraud  his  creditors  or  for  the  purpose  of  giving  a  preference  as- 
hereinbefore  provided,  or  a  general  assignment  for  the  benefit  of  his  creditors,, 
if  by  law  such  recording  or  registering  is  required  or  permitted,  or,  if  it  is  not^ 
from  the  date  when  the  beneficiary  takes  notorious,  exclusive,  or  continuous- 
possession  of  the  property  unless  the  petitioning  creditors  have  received  actual 
notice  of  such  transfer  or  assignment. 

c  It  shall  be  a  complete  defense  to  any  proceedings  in  bankruptcy  instituted 
under  the  first  subdivision  of  this  section  to  allege  and  prove  that  the  party 
proceeded  against  was  not  insolvent  as  defined  in  this  act  at  the  time  of  the- 
filing  the  petition  against  him,  and  if  solvency  at  such  date  is  proved  by  the 
alleged  bankrupt  the  proceedings  shall  be  dismissed,  and  under  said  subdivision 
one  the  burden  of  proving  solvency  shall  be  on  the  alleged  bankrupt. 

d  Whenever  a  person  against  whom  a  petition  has  been  filed  as  hereinbefore 
provided  under  the  second  and  third  subdivisions  of  this  section  takes  issue 
with  and  denies  the  allegation  of  his  insolvency,  it  shall  be  his  duty  to  appear 
in  court  on  the  hearing,  with  his  books,  papers,  and  accounts,  and  submit  to  an 
examination,  and  give  testimony  as  to  all  matters  tending  to  establish  solvency 
or  insolvency,  and  in  case  of  his  failure  to  so  attend  and  submit  to  examination 
the  burden  of  proving  his  solvency  shall  rest  upon  him. 


THE  BANKRUPTCY  ACT  OF  1898.  563 

e  Whenever  a  petition  is  filed  by  any  person  for  the  purpose  of  having  an- 
other adjudged  a  bankrupt,  and  an  application  is  made  to  take  charge  of  and 
hold  the  property  of  the  alleged  bankrupt,  or  any  part  of  the  same,  prior  to  the 
adjudication  and  pending  a  hearing  on  the  petition,  the  petitioner  or  applicant 
shall  file  in  the  same  court  a  bond  with  at  least  two  good  and  sufficient  sureties 
who  shall  reside  within  the  jurisdiction  of  said  court,  to  be  approved  by  the 
court  or  a  judge  thereof,  in  such  sum  as  the  court  shall  direct,  conditioned  for 
the  payment,  in  case  such  petition  is  dismissed,  to  the  respondent,  his  or  her 
personal  representatives,  all  costs,  expenses,  and  damages  occasioned  by  such 
seizure,  taking,  and  detention  of  the  property  of  the  alleged  bankrupt. 

If  such  petition  be  dismissed  by  the  court  or  withdrawn  by  the  petitioner, 
the  respondent  or  respondents  shall  be  allowed  all  costs,  counsel  fees,  expenses, 
and  damages  occasioned  by  such  seizure,  taking,  or  detention  of  such  property. 
Counsel  fees,  costs,  expenses,  and  damages  shall  be  fixed  and  allowed  by  the 
court,  and  paid  by  the  obligors  in  such  bond. 

§  4.  Who  may  become  bankrupts. 

a  Any  person,  except  a  municipal,  railroad,  insurance,  or  hanhing  corpora- 
tion, shall  he  entitled  to  the  benefits  of  this  Act  as  a  voluntary  bankrupt. 

h  Any  natural  person,  except  a  wage-earner  or  a  person  engaged  chiefly 
in  farming  or  the  tillage  of  the  soil,  any  unincorporated  company,  and  any 
moneyed,  business,  or  commercial  corporation,  except  a  municipal,  railroad,  in- 
surance, or  banking  corporation,  owing  debts  to  the  amount  of  one  thousand 
dollars  or  over,  may  be  adjudged  an  involuntary  bankrupt  upon  default  or  an 
impartial  trial,  and  shall  be  subject  to  the  provisions  and  entitled  to  the  benefits 
of  this  Act. 

The  bankruptcy  of  a  corporation  shall  not  release  its  officers,  directors, 
or  stockholders,  as  such,  from  any  liability  under  the  laws  of  a  State  or  Terri- 
tory or  of  the  United  States. 

§  5.  Partners. 

a  A  partnership,  during  the  continuation  of  the  partnership  business,  or 
after  its  dissolution  and  before  the  final  settlement  thereof,  may  be  adjudged 
a  bankrupt. 

b  The  creditors  of  the  partnership  shall  appoint  the  trustee;  in  other 
respects  so  far  as  possible  the  estate  shall  be  administered  as  herein  provided 
for  other  estates. 

c  The  court  of  bankruptcy  which  has  jurisdiction  of  one  of  the  partners  may 
have  jurisdiction  of  all  the  partners  and  of  the  administration  of  the  partner- 
ship and  individual  property. 

d  The  trustee  shall  keep  separate  accounts  of  the  partnership  property  and 
of  the  property  belonging  to  the  individual  partners. 

e  The  expenses  shall  be  paid  from  the  partnership  property  and  the  indi- 
vidual property  in  such  proportions  as  the  court  shall  determine. 

/  The  net  proceeds  of  the  partnership  property  shall  be  appropriated  to 


564  THE  BANKRUPTCY  ACT  OF  1898. 

the  payment  of  the  partnership  debts,  and  the  net  proceeds  of  the  individual 
estate  of  each  partner  to  the  payment  of  his  individual  debts.  Should  any 
surplus  remain  of  the  property  of  any  partner  after  paying  his  individual 
debts,  such  surplus  shall  be  added  to  the  partnership  assets  and  be  applied 
to  the  payment  of  the  partnership  debts.  Should  any  surplus  of  the  part- 
nership property  remain  after  paying  the  partnership  debts,  such  surplus 
shall  be  added  to  the  assets  of  the  individual  partners  in  the  proportion  of 
their  respective  interests  in  the  partnership. 

g  The  court  may  permit  the  proof  of  the  claim  of  the  partnership  estate 
against  the  individual  estates,  and  vice  versa,  and  may  marshal  the  assets  of 
the  partnership  estate  and  individual  estates  so  as  to  prevent  preferences  and 
secure  the  equitable  distribution  of  the  property  of  the  several  estates. 

h  In  the  event  of  one  or  more  but  not  all  of  the  members  of  a  partnership 
being  adjudged  bankrupt,  the  partnership  property  shall  not  be  administered 
in  bankruptcy,  unless  by  consent  of  the  partner  or  partners  not  adjudged 
bankrupt;  but  such  partner  or  partners  not  adjudged  bankrupt  shall  settle 
the  partnership  business  as  expeditiously  as  its  nature  will  permit,  and  ac- 
count for  the  interest  of  the  partner  or  partners  adjudged  bankrupt. 

§  6.  Exemptions  of  Bankrupts. 

a  This  act  shall  not  affect  the  allowance  to  bankrupts  of  the  exemptions 
which  are  prescribed  by  the  State  laws  in  force  at  the  time  of  the  filing  of  the 
petition  in  the  State  wherein  they  have  had  their  domicile  for  the  six  months  or 
the  greater  portion  thereof  immediately  preceding  the  filing  of  the  petition. 

^  7.  Duties  of  Bankrupts. 

a  The  bankrupt  shall  (1)  attend  the  first  meeting  of  his  creditors,  if 
directed  by  the  court  or  a  judge  thereof  to  do  so,  and  the  hearing  upon  his 
application  for  a  discharge,  if  filed;  (2)  comply  with  all  lawful  orders  of  the 
court;  (3)  examine  the  correctness  of  all  proofs  of  claims  filed  against  his 
estate;  (4)  execute  and  deliver  such  papers  as  shall  be  ordered  by  the  court; 
(5)  execute  to  his  trustee  transfers  of  all  his  property  in  foreign  countries;  (6) 
immediately  inform  his  trustee  of  any  attempt,  by  his  creditors  or  other 
persons,  to  evade  the  provisions  of  this  act,  coming  to  his  knowledge;  (7)  in 
case  of  any  persons  having  to  his  knowledge  proved  a  false  claim  against  his 
estate,  disclose  that  fact  immediately  to  his  trustee;  (8)  prepare,  make  oath  to, 
and  file  in  court  within  ten  days,  unless  further  time  is  granted,  after  the 
adjudication,  if  an  involuntary  bankrupt,  and  with  the  petition  if  a  voluntary 
bankrupt,  a  schedule  of  his  property,  sbowing  the  amount  and  kind  of  property, 
the  location  thereof,  its  money  value  in  detail,  and  a  list  of  his  creditors,  show- 
ing their  residences,  if  known,  if  unknown,  that  fact  to  be  stated,  the  amounts 
flue  each  of  them,  the  consideration  thereof,  the  security  held  by  them,  if  any, 
and  a  claim  for  such  exemptions  as  he  may  be  entitled  to,  all  in  triplicate,  one 
copy  of  each  for  tlie  clerk,  one  for  the  referee,  and  one  for  the  trustee;  and  (9) 
when  present  at  the  first  meeting  of  his  creditors,  and  at  such  other  times  as  the 


THE  BANKRUPTCY  ACT  OF  1898.  565 

court  shall  order,  submit  to  an  examination  concerning  the  conducting  of  his 
business,  the  cause  of  his  bankruptcy,  his  dealings  with  his  creditors  and  other 
persons,  the  amount,  kind,  and  whereabouts  of  his  property,  and,  in  addition, 
all  matters  which  may  all'cct  the  administration  and  settlement  of  his  estate; 
but  no  testimony  given  by  him  shall  be  offered  in  evidence  against  liim  in  any 
criminal  proceeding. 

Provided,  however.  That  he  shall  not  be  required  to  attend  a  meeting  of 
his  creditors,  or  at  or  for  an  examination  at  a  place  more  than  one  hundred 
and  fifty  miles  distant  from  his  home  or  principal  place  of  business,  or  to 
examine  claims  except  when  presented  to  him,  unless  ordered  by  the  court, 
or  a  judge  thereof,  for  cause  shown,  and  the  bankrupt  shall  be  paid  his  actual 
expenses  from  the  estate  when  examined  or  required  to  attend  at  any  place 
other  than  the  city,  town,  or  village  of  his  residence. 


g  8.  Death  or  Insanity  of  Bankrupts. 

a  The  death  or  insanity  of  a  bankrupt  shall  not  abate  the  proceedings,  but 
the  same  shall  be  conducted  and  conclude  in  the  same  manner,  so  far  as 
possible,  as  though  he  had  not  died  or  l)ecome  insane :  Provided,  That  in  case 
of  death  the  widow  and  children  shall  be  entitled  to  all  rights  of  dower  and 
allowance  fixed  by  the  laws  of  the  State  of  the  bankrupt's  residence. 


§  9.  Protection  and  Detention  of  Bankrupts. 

a  A  bankrupt  shall  be  exempt  from  arrest  upon  civil  process  except  in  the 
following  cases:  (1)  When  issued  from  a  court  of  bankruptcy  for  contempt 
or  disobedience  of  its  lawful  orders;  (2)  when  issued  from  a  State  court  hav- 
ing jurisdiction,  and  served  within  such  State,  upon  a  debt  or  claim  from 
which  his  discharge  in  bankruptcy  would  not  be  a  release,  and  in  such  case  he 
shall  be  exempt  from  such  arrest  when  in  attendance  upon  a  court  of  bank- 
ruptcy or  engaged  in  the  performance  of  a  duty  imposed  by  this  act. 

6  The  judge  may,  at  any  time  after  the  filing  of  a  petition  by  or  against 
a  person,  and  before  the  expiration  of  one  month  after  the  qualification  of 
the  trustee,  upon  satisfactory  proof  by  the  affidavits  of  at  least  two  persons 
that  such  bankrupt  is  about  to  leave  the  district  in  which  he  resides  or  has 
his  principal  place  of  business  to  avoid  examination,  and  that  his  departure 
will  defeat  the  proceedings  in  bankruptcy,  issue  a  warrant  to  the  marshal, 
directing  him  to  bring  such  bankrupt  forthwith  before  the  court  for  ex- 
amination. If  upon  hearing  the  evidence  of  the  parties  it  shall  appear  to 
the  court  or  a  judge  thereof  that  the  allegations  are  true  and  that  it  is 
necessary,  he  shall  order  such  marshal  to  keep  such  bankrupt  in  custody  not 
exceeding  ten  days,  but  not  imprison  him,  until  he  shall  be  examined  and 
released  or  give  bail  conditioned  for  his  appearance  for  examination,  from 
time  to  time,  not  exceeding  in  all  ten  days,  as  required  by  the  court,  and  for 
his  obedience  to  all  lawful  orders  made  in  reference  thereto. 


566  THE  BANKRUPTCY  ACT  OF  1898. 

§  10.  Extradition  of  BankruptB. 

a  Whenever  a  warrant  for  the  apprehension  of  a  bankrupt  shall  have  been 
issued,  and  he  shall  have  been  found  within  the  jurisdiction  of  a  court  other 
than  the  one  issuing  the  warrant,  he  may  be  extradited  in  the  same  manner  in 
which  persons  under  indictment  are  now  extradited  from  one  district  within 
which  a  district  court  has  jurisdiction  to  another. 


§  11.  Suits  by  and  against  Bankrupts. 

a  A  suit  which  is  founded  upon  a  claim  from  which  a  discharge  would  be 
a  release,  and  which  is  pending  against  a  person  at  the  time  of  the  filing  of  a 
petition  against  him,  shall  be  stayed  until  after  an  adjudication  or  the  dismissal 
of  the  petition;  if  such  person  is  adjudged  a  bankrupt,  such  action  may  hi 
further  stayed  until  twelve  months  after  the  date  of  such  adjudication,  or,  if 
within  that  time  such  person  applies  for  a  discharge,  then  until  the  question  of 
such  discharge  is  determined. 

h  The  court  may  order  the  trustee  to  enter  his  appearance  and  defend  any 
pending  suit  against  the  bankrupt. 

c  A  trustee  may,  with  the  approval  of  the  court,  be  permitted  to  prosecute 
as  trustee  any  suit  commenced  by  the  bankrupt  prior  to  the  adjudication,  with 
like  force  and  effect  as  though  it  had  been  commenced  by  him. 

d  Suits  shall  not  be  brought  by  or  against  a  trustee  of  a  bankrupt  estate 
subsequent  to  two  years  after  the  estate  has  been  closed. 

§  12.  Compositions,  w^hen  Confirmed. 

a  A  bankrupt  may  ofer,  either  before  or  after  adjudication,  terms  of  com- 
position  to  his  creditors  after,  but  not  before,  he  has  been  examined  in  open 
court  or  at  a  meeting  of  his  creditors,  and  has  filed  in  court  the  schedule  of  his 
property  and  the  list  of  his  creditors  required  to  be  filed  by  bankrupts.  In 
compositions  before  adjudication  the  bankrupt  shall  file  the  required  schedules, 
and  thereupon  the  court  shall  call  a  meeting  of  creditors  for  the  allowance  of 
claims,  examination  of  the  bankrupt,  and  preservation  or  conduct  of  estates, 
at  which  meeting  the  judge  or  referee  shall  preside;  and  action  upon  the 
petition  for  adjudication,  shall  be  delayed  until  it  shall  be  determined  whether 
such  composition  shall  be  confirmed. 

6  An  application  for  the  confirmation  of  a  composition  may  be  filed  in  the 
court  of  bankruptcy  after,  but  not  before,  it  has  been  accepted  in  writing  by 
a  majority  in  number  of  all  creditors  whose  chiims  have  been  allowed,  which 
number  must  represent  a  majority  in  amount  of  such  claims,  and  the  con- 
sideration to  be  paid  by  the  bankrupt  to  his  creditors,  and  the  money  neces- 
sary to  pay  all  debts  which  have  priority  and  the  cost  of  the  proceedings, 
have  been  deposited  in  such  place  as  shall  be  designated  by  and  subject  to  the 
order  of  the  judge. 

c  A  date  and  place,  with  reference  to  the  convenience  of  the  parties  in 
interest,  shall  be  fixed  for  the  hearing  upon  each  application  for  the  con- 


THE  BANKRUPTCY  ACT  OF  1898.  567 

firmation  of  a  composition,  and  such  objections  as  may  be  made  to  its 
confirmation. 

d  The  judge  shall  confirm  a  composition  if  satisfied  that  (1)  it  is  for  the 
best  interests  of  the  creditors;  (2)  the  bankrupt  has  not  been  guilty  of  any 
of  the  acts  or  failed  to  perform  any  of  the  duties  which  would  be  a  bar 
to  his  discharge;  and  (3)  the  offer  and  its  acceptance  are  in  good  faith  and 
have  not  been  made  or  procured  except  as  herein  provided,  or  by  any  means, 
promises,  or  acts  herein  forbidden. 

e  Upon  the  confirmation  of  a  composition,  the  consideration  shall  be  dis- 
tributed as  the  judge  shall  direct,  and  the  case  dismissed.  Whenever  a  com- 
position is  not  confirmed,  the  estate  shall  be  administered  in  bankruptcy  as 
herein  provided. 

§  13.  CompoBitions,  •when  Set  Aside. 

a  The  judge  may,  upon  the  application  of  parties  in  interest  filed  at  any 
time  within  six  months  after  a  composition  has  been  confirmed,  set  the  same 
aside  and  reinstate  the  case  if  it  shall  be  made  to  appear  upon  a  trial  that 
fraud  was  practiced  in  the  procuring  of  such  composition,  and  that  the  knowl- 
edge thereof  has  come  to  the  petitioners  since  the  confirmation  of  such  com- 
position. 

§  14.  Discharges,  when  Granted. 

a  Any  person  may,  after  the  expiration  of  one  month  and  within  the  next 
twelve  months  subsequent  to  being  adjudged  a  bankrupt,  file  an  application  for 
a  discharge  in  the  court  of  bankruptcy  in  which  the  proceedings  are  pending; 
if  it  shall  be  made  to  appear  to  the  judge  that  the  bankrupt  was  unavoidably 
prevented  from  filing  it  within  such  time,  it  may  be  filed  within  but  not  after 
the  expiration  of  the  next  six  months. 

h  The  judge  shall  hear  the  application  for  a  discharge  and  such  proofs  and 
pleas  as  may  he  made  in  opposition  thereto  hij  the  trustee  or  other  parties  in 
interest,  at  such  time  as  will  give  the  trustee  or  parties  in  interest  a  reasonable 
opportunity  to  he  fully  heard,  and  investigate  the  merits  of  the  application  and 
discharge  the  applicant  unless  he  has  (1)  committed  an  offense  punishable  by 
imprisonment  as  herein  provided;  or  (2)  with  intent  to  conceal  his  financial 
condition,  destroyed,  concealed,  or  failed  to  keep  hooks  of  account  or  records 
from  which  such  condition  might  he  ascertained ;  or  (3)  obtained  money  or 
property  on  credit  upon  a  materially  false  statement  in  writing,  made  by  him 
to  any  person  or  his  representative  for  the  purpose  of  obtaining  credit  from 
such  person;  or  (4)  at  any  time  subsequent  to  the  first  day  of  the  four  month.<. 
immediately  preceding  the  filing  of  the  petition  transferred,  removed,  destroyed, 
or  concealed,  or  permitted  to  be  removed,  destroyed,  or  concealed,  any  of  his 
property,  with  intent  to  hinder,  delay,  or  defraud  his  creditors:  or  (.5)  in 
voluntary  proceedings  been  granted  a  discharge  in  bankruptcy  within  six 
years;  or  (6)  in  the  course  of  the  proceedings  in  bankruptcy  refused  to  obey 
xiny  lawful  order  of,  or  to  answer  any  material  question  approved  by  the  court: 


568  THE  BANKRUPTCY  ACT  OF  1898. 

Provided,  That  a  trustee  shall  not  interpose  objections  to  a  bankrupt's  dis- 
charge until  he  shall  be  authorized  so  to  do  at  a  meeting  of  creditors  called  for 
that  purpose. 

c  The  confirmation  of  a  composition  shall  discharge  the  bankrupt  from  his. 
debts,  other  than  those  agreed  to  be  paid  by  the  terms  of  the  composition 
and  those  not  affected  by  a  discharge. 

§  15.  Discharges,  -wrhen  Revoked. 

a  The  judge  may,  upon  the  application  of  parties  in  interest  who  have  not 
been  guilty  of  undue  laches,  filed  at  any  time  within  one  year  after  a  discharge 
shall  have  been  granted,  revoke  it  upon  a  trial  if  it  shall  be  made  to  appear  that 
it  was  obtained  through  the  fraud  of  the  bankrupt,  and  that  the  knowledge  of 
the  fraud  has  come  to  the  petitioners  since  the  granting  of  the  discharge,  and 
that  the  actual  facts  did  not  warrant  the  discharge. 

§  16.  Co-Debtors  of  Bankrupts. 

a  The  liability  of  a  person  who  is  a  co-debtor  with,  or  guarantor  or  in  any 
manner  a  surety  for,  a  bankrupt  shall  not  be  altered  by  the  discharge  of  such 
bankrupt. 

§  17.  Debts  not  Affected  by  a  Discharge. 

a  A  discharge  in  bankruptcy  shall  release  a  bankrupt  from  all  of  his 
provable  debts,  except  such  as  (1)  are  due  as  a  tax  levied  by  the  United  States, 
the  State,  county,  district,  or  municipality  in  which  he  resides;  (2)  are 
liabilities  for  obtaining  property  by  false  pretenses  or  false  representations,  or 
for  wilful  and  malicious  injuries  to  the  person  or  property  of  another,  or  for 
alimony  due  or  to  become  due,  or  for  maintenance  or  support  of  wife  or  child, 
or  for  seduction  of  an  unmarried  female,  or  for  criminal  conversation;  (3) 
have  not  been  duly  scheduled  in  time  for  proof  and  allowance,  with  the  name 
of  the  creditor  if  known  to  the  bankrupt,  unless  such  creditor  had  notice  or 
actual  knowledge  of  the  proceedings  in  bankruptcy;  or  (4)  were  created  by  his 
fraud,  embezzlement,  misappropriation,  or  defalcation  while  acting  as  an  officer 
or  in  any  fiduciary  capacity. 


THE  BANKRUPTCY  ACT  OF  1898.  569 


CHAPTER  IV. 
COURTS  AND  PROCEDURE  THEREIN. 

§  18.  Process,  Pleadings,  and  Adjudications. 

a  Upon  the  filing  of  a  petition  for  involuntary  bankruptcy,  service  thereof, 
with  a  writ  of  subpoena,  shall  be  made  upon  the  person  therein  named  as 
defendant  in  the  same  manner  that  service  of  such  process  is  now  had  upon  the 
commencement  of  a  suit  in  equity  in  the  courts  of  the  United  States,  except 
that  it  shall  be  returnable  within  fifteen  days,  unless  the  judge  shall  for  cause 
fix  a  longer  time;  but  in  case  personal  service  cannot  be  made,  then  notice  shall 
be  given  by  publication  in  the  same  manner  and  for  the  same  time  as  provided 
by  law  for  notice  by  publication  in  suits  to  enforce  a  legal  or  equitable  lien  in 
courts  of  the  United  States,  except  that,  unless  the  judge  shall  otherwise  direct, 
the  order  shall  be  published  not  more  than  once  a  week  for  two  consecutive 
weeks,  and  the  return  day  shall  be  ten  days  after  the  last  publication  unless  the 
judge  shall  for  cause  fix  a  longer  time. 

h  The  bankrupt,  or  any  creditor,  may  appear  and  plead  to  the  petition 
within  five  days  after  the  return  day,  or  within  such  further  time  as  the  court 
may  allow, 

c  All  pleadings  setting  up  matters  of  fact  shall  be  verified  under  oath. 

d  If  the  bankrupt,  or  any  of  his  creditors,  shall  appear,  within  the  time 
limited,  and  controvert  the  facts  alleged  in  the  petition,  the  judge  shall  de- 
termine, as  soon  as  may  be,  the  issues  presented  by  the  pleadings,  without  the 
intervention  of  a  jury,  except  in  cases  where  a  jury  trial  is  given  by  this  act, 
and  make  the  adjudication  or  dismiss  the  petition. 

e  If  on  the  last  day  within  which  pleadings  may  be  filed  none  are  filed  by 
the  bankrupt  or  any  of  his  creditors,  the  judge  shall  on  the  next  day,  if 
present,  or  as  soon  thereafter  as  practicable,  make  the  adjudication  or  dismiss 
the  petition. 

/  If  the  judge  is  absent  from  the  district,  or  the  division  of  the  district  in 
which  the  petition  is  pending,  on  the  next  day  after  the  last  day  on  which 
pleadings  may  be  filed,  and  none  have  been  filed  by  the  bankrupt  or  any  of 
his  creditors,  the  clerk  shall  forthwith  refer  the  case  to  the  referee. 

g  Upon  the  filing  of  a  voluntary  petition  the  judge  shall  hear  the  petition 
and  make  the  adjudication  or  dismiss  the  petition.  If  the  judge  is  absent 
from  the  district,  or  the  division  of  the  district  in  which  the  petition  is  filed 
at  the  time  of  the  filing,  the  clerk  shall  forthwith  refer  the  case  to  the  referee. 

§  19.  Jury  Trials. 

a  A  person  against  whom  an  involuntary  petition  has  been  filed  shall  be 
entitled  to  have  a  trial  by  jury,  in  respect  to  the  question  of  his  insolvency. 


570  THE  BANKRUPTCY  ACT  OF  1898. 

except  as  herein  otherwise  provided,  and  any  act  of  bankruptcy  alleged  in  such 
petition  to  have  been  committed,  upon  filing  a  written  application  therefor  at  or 
before  the  time  within  which  an  answer  may  be  filed.  If  such  application  is 
not  filed  within  such  time,  a  trial  by  jury  shall  be  deemed  to  have  been  waived. 

&  If  a  jury  is  not  in  attendance  upon  the  court,  one  may  be  specially  sum- 
moned for  the  trial,  or  the  case  may  be  postponed,  or,  if  the  case  is  pending 
in  one  of  the  district  courts  within  the  jurisdiction  of  a  circuit  court  of  the 
United  States,  it  may  be  certified  for  trial  to  the  circuit  court  sitting  at  the 
same  place,  or  by  consent  of  parties  when  sitting  at  any  other  place  in  the 
same  district,  if  such  circuit  court  has  or  is  to  have  a  jury  first  in  attendance. 

c  The  right  to  submit  matters  in  controversy,  or  an  alleged  offense  under 
this  act,  to  a  jury  shall  be  determined  and  enjoyed,  except  as  provided  by 
this  act,  according  to  the  United  States  laws  now  in  force  or  such  as  may 
be  hereafter  enacted  in  relation  to  trials  by  jury. 

§  20.   Oaths,  Affirmations. 

a  Oaths  required  by  this  act,  except  upon  hearings  in  court,  may  be  adminis- 
tered by  (1)  referees;  (2)  officers  authorized  to  administer  oaths  in  proceed- 
ings before  the  courts  of  the  United  States,  or  under  the  laws  of  the  State 
where  the  same  are  to  be  taken;  and  (3)  diplomatic  or  consular  officers  of  the 
United  States  in  any  foreign  country. 

h  Any  person  conscientiously  opposed  to  taking  an  oath  may,  in  lieu 
thereof,  affirm.  Any  person  who  shall  affirm  falsely  shall  be  punished  as  for 
the  making  of  a  false  oath. 

§  21.  Evidence. 

a  A  court  of  bankruptcy  may,  upon  application  of  any  officer,  bankrupt,  or 
creditor,  by  order  require  any  designated  person,  including  the  bankrupt  and 
his  wife,  to  appear  in  court  or  before  a  referee  or  the  judge  of  any  State  court, 
to  be  examined  concerning  the  acts,  conduct,  or  property  of  a  bankrupt  whose 
estate  is  in  process  of  administration  under  this  act :  Provided,  That  the  wife 
may  be  examined  only  touching  business  transacted  by  her  or  to  which  she  is  a 
party,  and  to  determine  the  fact  whether  she  has  transacted  or  been  a  party  to 
any  business  of  the  bankrupt. 

6  The  right  to  take  depositions  in  proceedings  under  this  act  shall  be  de- 
termined and  enjoyed  according  to  the  United  States  laws  now  in  force,  or 
such  as  may  be  hereafter  enacted  relating  to  the  taking  of  depositions,  except 
as  herein  provided. 

c  Notice  of  the  taking  of  depositions  shall  be  filed  with  the  referee  in 
every  case.  When  depositions  are  to  be  taken  in  opposition  to  the  allowance 
of  a  claim  notice  shall  also  be  served  upon  the  claimant,  and  when  in  opposi- 
tion to  a  discharge  notice  shall  also  be  served  upon  the  bankrupt. 

d  Certified  copies  of  proceedings  before  a  referee,  or  of  papers,  when  issued 
by  the  clerk  or  referee,  shall  be  admitted  as  evidence  with  like  force  and 
eflFoct  as  certified  copies  of  the  records  of  district  courts  of  the  United  States 
are  now  or  may  hereafter  be  admitted  as  evidence. 


THE  BANKRUPTCY  ACT  OF  1898.  571 

e  A  certified  copy  of  the  order  approving  the  bond  of  a  trustee  shall  consti- 
tute conclusive  evidence  of  the  vesting  in  him  of  the  title  to  the  property  of 
the  bankrupt,  and  if  recorded  shall  impart  the  same  notice  that  a  deed  from 
the  bankrupt  to  the  trustee  if  recorded  would  have  imparted  had  not  bank- 
ruptcy proceedings  intervened. 

/"  A  certified  copy  of  an  order  confirming  or  setting  aside  a  composition, 
or  granting  or  setting  aside  a  discharge,  not  revoked,  shall  be  evidence  of 
the  jurisdiction  of  the  court,  the  regularity  of  the  proceedings,  and  of  the 
fact  that  the  order  was  made. 

g  A  certified  copy  of  an  order  confirming  a  composition  shall  constitute 
evidence  of  the  revesting  of  the  title  of  his  property  in  the  bankrupt,  and  if 
recorded  shall  impart  the  same  notice  that  a  deed  from  the  trustee  to  the 
bankrupt  if  recorded  would  impart. 

§  22.  Reference  of  Cases  after  Adjudication. 

a  After  a  person  has  been  adjudged  a  bankrupt  the  judge  may  cause  the 
trustee  to  proceed  with  the  administration  of  the  estate,  or  refer  it  (1) 
generally  to  the  referee  or  specially  with  only  limited  authority  to  act  in  the 
premises  or  to  consider  and  report  upon  specified  issues;  or  (2)  to  any  referee 
within  the  territorial  jurisdiction  of  the  court,  if  the  convenience  of  parties  iu 
interest  will  be  served  thereby,  or  for  cause,  or  if  the  bankrupt  does  not  do 
business,  reside,  or  have  his  domicile  in  the  district. 

h  The  judge  may,  at  any  time,  for  the  convenience  of  parties  or  for  cause, 
transfer  a  case  from  one  referee  to  another. 

§  23.  Jurisdiction  of  United  States  and  State  Courts. 

a  The  United  States  circuit  courts  shall  have  jurisdiction  of  all  controversies 
at  law  and  in  equity,  as  distinguished  from  proceedings  in  bankruptcy,  between 
trustees  as  such  and  adverse  claimants  concerning  the  property  acquired  or 
claimed  by  the  trustees,  in  the  same  manner  and  to  the  same  extent  only  as 
though  bankruptcy  proceedings  had  not  been  instituted  and  such  controversies 
had  been  between  the  bankrupts  and  such  adverse  claimants. 

h  Suits  by  the  trustee  shall  only  be  brought  or  prosecuted  in  the  courts 
where  the  bankrupt,  whose  estate  is  being  administered  by  such  trustee, 
might  have  brought  or  prosecuted  them  if  proceedings  in  bankruptcy  had  not 
been  instituted,  unless  by  consent  of  the  proposed  defendant,  except  suits  for 
the  recovery  of  property  under  section  sixty,  subdivision  b;  section  sixty-seven, 
subdivision  e;  and  section  seventy;  subdivision  e. 

c  The  United  States  circuit  courts  shall  have  concurrent  jurisdiction  with 
the  courts  of  bankruptcy,  within  their  respective  territorial  limits,  of  the 
offenses  enumerated  in  this  act. 

§  24.  Jurisdiction  of  Appellate  Courts. 

a  The  Supreme  Court  of  the  United  States,  the  circuit  courts  of  appeals  of 
the  United  States,  and  the  supreme  courts  of  the  Territories,  in  vacation  in 


572  THE  BANKRUPTCY  ACT  OF  1898. 

chambers  and  during  their  respective  terms,  as  now  or  as  they  may  be  hereafter 
held,  are  hereby  invested  with  appellate  jurisdiction  of  controversies  arising  in 
bankruptcy  proceedings  from  the  courts  of  bankruptcy  from  v.-hich  they  have 
appellate  jurisdiction  in  other  cases.  The  Supreme  Court  of  the  United  States 
shall  exercise  a  like  jurisdiction  from  courts  of  bankruptcy  not  within  any 
organized  circuit  of  the  United  States  and  from  the  supreme  court  of  the 
District  of  Columbia. 

&  The  several  circuit  courts  of  appeal  shall  have  jurisdiction  in  equity, 
either  interlocutory  or  final,  to  superintend  and  revise  in  matter  of  law  the 
proceedings  of  the  several  inferior  courts  of  bankruptcy  within  their  juris- 
diction. Such  power  shall  be  exercised  on  due  notice  and  petition  by  any 
party  aggrieved. 

§  25.  Appeals  and  'Writs  of  Error. 

a  That  appeals,  as  in  equity  cases  may  be  taken  in  bankruptcy  proceedings 
from  the  courts  of  bankruptcy  to  the  circuit  court  of  appeals  of  the  United 
States  and  to  the  supreme  court  of  the  Territories,  in  the  following  cases,  to 
wit,  (1)  from  a  judgment  adjudging  or  refusing  to  adjudge  the  defendant  a 
bankrupt;  (2)  from  a  judgment  granting  or  denying  a  discharge;  and  (3) 
from  a  judgment  allowing  or  rejecting  a  debt  or  claim  of  five  hundred  dollars 
or  over.  Such  appeal  shall  be  taken  within  ten  days  after  the  judgment  ap- 
pealed from  has  been  rendered,  and  may  be  heard  and  determined  by  the 
appellate  court  in  term  or  vacation,  as  the  case  may  be. 

h  From  any  final  decision  of  a  court  of  appeals,  allowing  or  rejecting  a 
claim  under  this  act,  an  appeal  may  be  had  under  such  rules  and  within  such 
time  as  may  be  prescribed  by  the  Supreme  Court  of  the  United  States,  in 
the  following  cases  and  no  other: 

1.  Where  the  amount  in  controversy  exceeds  the  sum  of  two  thousand 
dollars,  and  the  question  involved  is  one  which  might  have  been  taken  on 
appeal  or  writ  of  error  from  the  highest  court  of  a  State  to  the  Supreme 
Court  of  the  United  States ;  or 

2.  Where  some  Justice  of  the  Supreme  Court  of  the  United  States  shall 
certify  that  in  his  opinion  the  determination  of  the  question  or  questions  in- 
volved in  the  allowance  or  rejection  of  such  claim  is  essential  to  a  uniform 
construction  of  this  act  throughout  the  United  States. 

c  Trustees  shall  not  be  required  to  give  bond  when  they  take  appeals  or 
sue  out  writs  of  error. 

d  Controversies  may  be  certified  to  the  Supreme  Court  of  the  United  States 
from  other  courts  of  the  United  States,  and  the  former  court  may  exercise 
jurisdiction  thereof  and  issue  writs  of  certiorari  pursuant  to  the  provisions 
of  the  United  States  laws  now  in  force  or  such  as  may  be  hereafter  enacted. 

§  26.  Arbitration  of  Controversies. 

a  The  trustee  may,  pursuant  to  the  direction  of  the  court,  submit  to  arbitra- 
tion any  controversy  arising  in  the  settlement  of  the  estate. 


THE  BANKRUPTCY  ACT  OF  1898.  573 

h  Three  arbitrators  shall  be  chosen  by  mutual  consent,  or  one  by  the 
trustee,  one  by  the  other  party  to  the  controversy,  and  the  third  by  the  two 
so  chosen,  or  if  they  fail  to  agree  in  five  days  after  their  appointment  the 
court  shall  appoint  the  third  arbitrator. 

c  The  written  finding  of  the  arbitrators,  or  a  majority  of  them,  as  to  the 
issues  presented,  may  be  filed  in  court  and  shall  have  like  force  and  effect 
as  the  verdict  of  a  jury. 

§  27.  Compromises. 

a  The  trustee  may,  with  the  approval  of  the  court,  compromise  any  con- 
troversy arising  in  the  administration  of  the  estate  upon  such  terms  as  he  may 
deem  for  the  best  interests  of  the  estate. 

§  28.  Designation  of  Newspapers. 

a  Courts  of  bankruptcy  shall  by  order  designate  a  newspaper  published 
within  their  respective  territorial  districts,  and  in  the  county  in  which  the 
bankrupt  resides  or  the  major  part  of  his  property  is  situated,  in  which  notices 
required  to  be  published  by  this  act  and  orders  which  the  court  may  direct  to 
be  published  shall  be  inserted.  Any  court  may  in  a  particular  case,  for  the 
convenience  of  parties  in  interest,  designate  some  additional  newspaper  in 
which  notices  and  orders  in  such  case  shall  be  published. 

§  29.  Offenses. 

a  A  person  shall  be  punished,  by  imprisonment  for  a  period  not  to  exceed 
five  years,  upon  conviction  of  the  offense  of  having  knowingly  and  fraudulently 
appropriated  to  his  own  use,  embezzled,  spent,  or  unlawfully  transferred  any 
property  or  secreted  or  destroyed  any  document  belonging  to  a  bankrupt  estate 
which  came  into  his  charge  as  trustee. 

h  A  person,  shall  be  punished,  by  imprisonment  for  a  period  not  to  exceed 
two  years,  upon  conviction  of  the  offense  of  having  knowingly  and  fraudu- 
lently (1)  concealed  while  a  bankrupt,  or  after  his  discharge,  from  his  trustee 
any  of  the  property  belonging  to  his  estate  in  bankruptcy;  or  (2)  made 
a  false  oath  or  account  in,  or  in  relation  to,  any  proceeding  in  bankruptcy; 
(3)  presented  under  oath  any  false  claim  for  proof  against  the  estate  of  a 
bankrupt,  or  used  any  such  claim  in  composition  personally  or  by  agent,  ])roxy, 
or  attorney,  or  as  agent,  proxy,  or  attorney;  or  (4)  received  any  material 
amount  of  property  from  a  bankrupt  after  the  filing  of  the  petition,  with 
intent  to  defeat  this  act;  or  (5)  extorted  or  attempted  to  extort  any  money  or 
property  from  any  person  as  a  consideration  for  acting  or  forbearing  to  act  in 
bankruptcy  proceedings. 

c  A  person  shall  be  punished  by  fine,  not  to  exceed  five  hundred  dollars, 
and  forfeit  his  office,  and  the  same  shall  thereupon  become  vacant,  upon 
conviction  of  the  offense  of  having  knowingly  (1)  acted  as  a  referee  in  a 
case  in  which  he  is  directly  or  indirectly  interested;  or  (2)  purchased,  while 
a  referee,  directly  or  indirectly,  any  property  of  the  estate  in  bankruptcy  of 


574  THE  BANKRUPTCY  ACT  OF  1898. 

which  he  is  referee;  or  (3)  refused,  while  a  referee  or  trustee,  to  permit  a 
reasonable  opportunity  for  the  inspection  of  the  accounts  relating  to  the 
affairs  of,  and  the  papers  and  records  of,  estates  in  his  charge  by  parties  in 
interest  when  directed  by  the  court  so  to  do. 

d  A  person  shall  not  be  prosecuted  for  any  offense  arising  under  this  act 
unless  the  indictment  is  found  or  the  information  is  filed  in  court  within  one 
year  after  the  commission  of  the  offense. 

§  80.  Rules,  Forms,  and  Orders. 

a  All  necessary  rules,  forms,  and  orders  as  to  procedure  and  for  carrying  this 
act  into  force  and  effect  shall  be  prescribed,  and  may  be  amended  from  time  to 
time,  by  the  Supreme  Court  of  the  United  States. 

§  31.  Computation  of  Time. 

a  Whenever  time  is  enumerated  by  days  in  this  act,  or  in  any  proceeding  in 
bankruptcy,  the  number  of  days  shall  be  computed  by  excluding  the  first  and 
including  the  last,  unless  the  last  fall  on  a  Sunday  or  holiday,  in  which  event 
the  day  last  included  shall  be  the  next  day  thereafter  which  is  not  a  Sunday 
or  a  legal  holiday. 

§  33.  Transfer  of  Cases. 

a  In  the  event  petitions  are  filed  against  the  same  person,  or  against  dif- 
ferent members  of  a  partnership,  in  different  courts  of  bankruptcy  each  of 
which  has  jurisdiction,  the  cases  shall  be  transferred,  by  order  of  the  courts 
relinquishing  jurisdiction,  to  and  be  consolidated  by  the  one  of  such  courts 
which  can  proceed  with  the  same  for  the  greatest  convenience  of  parties  in 
interest. 


THE   BA^'KKUPTCY  ACT  OF  1898.  575 


CHAPTER  V. 
OFFICERS,  THEIR  DUTIES  AND  COMPENSATIONS. 

§  33.  Creation  of  Two  0£5cera. 

a  The  offices  of  referee  and  trustee  are  hereby  created. 

§  34.  Appointment,  Removal,  and  Districts  of  Referees. 

a  Courts  of  bankruptcy  shall,  within  the  territorial  limits  of  which  they 
respectively  have  jurisdiction,  (1)  appoint  referees,  each  for  a  term  of  twa 
years,  and  may,  in  their  discretion,  remove  them  because  their  services  are  not 
needed  or  for  other  cause;  and  (2)  designate,  and  from  time  to  time  change, 
the  limits  of  the  districts  of  referees,  so  that  each  county,  where  the  services  of 
a  referee  are  needed,  may  constitute  at  least  one  district. 

§  35.  Qualifications  of  Referees. 

a  Individuals  shall  not  be  eligible  to  appointment  as  referees  unless  they  are 
respectively  (1)  competent  to  perform  the  duties  of  that  office;  (2)  not  holding 
any  office  of  profit  or  emolument  under  the  laws  of  the  United  States  or  of  any 
State  other  than  commissioners  of  deeds,  justices  of  the  peace,  masters  in 
chancery,  or  notaries  public;  (3)  not  related  by  consanguinity  or  affinity, 
within  the  third  degree  as  determined  by  the  common  law,  to  any  of  the  judges 
of  the  courts  of  bankruptcy  or  circuit  courts  of  the  United  States,  or  of  the 
justices  or  judges  of  the  appellate  courts  of  the  districts  wherein  they  may 
be  appointed;  and  (4)  residents  of,  or  have  their  offices  in,  the  territorial  dis- 
tricts for  which  they  are  to  be  appointed. 

§  36.  Oaths  of  OfBce  of  Referees. 

a  Referees  shall  take  the  same  oath  of  office  as  that  prescribed  for  judges  of 
United  States  courts. 

§  37.  Number  of  Referees. 

a  Such  number  of  referees  shall  be  appointed  as  may  be  necessary  to  assist  in 
expeditiously  transacting  the  bankruptcy  business  pending  in  the  various 
courts  of  bankruptcy. 

§  38.  Jurisdiction  of  Referees. 

a  Referees  respectively  are  hereby  invested,  subject  always  to  a  review  by 
the  judge,  within  the  limits  of  their  districts  as  established  from  time  to  time, 
with  jurisdiction  to  (1)  consider  all  petitions  referred  to  them  by  the  clerks 
and  make  the  adjudications  or  dismiss  the  petitions:  (2)  exercise  the  powers 
vested  in  courts  of  bankruptcy  for  the  administering  of  oaths  to  and  the 


576  THE  BANKRUPTCY  ACT  OF  1898. 

examination  of  persons  as  witnesses  and  for  requiring  the  production  of  docu- 
ments in  proceedings  before  them,  except  the  power  of  commitment;  (3) 
exercise  the  powers  of  the  judge  for  the  taking  possession  and  releasing  of  the 
property  of  the  bankrupt  in  the  event  of  the  issuance  by  the  clerk  of  a  certificate 
showing  the  absence  of  a  judge  from  the  judicial  district,  or  the  division  of  the 
district,  or  his  sickness,  or  inability  to  act;  (4)  perform  such  part  of  the  duties, 
except  as  to  questions  arising  out  of  the  applications  of  bankrupts  for  com- 
positions or  discharges,  as  are  by  this  act  conferred  on  courts  of  bankruptcy 
and  as  shall  be  prescribed  by  rules  or  orders  of  the  courts  of  bankruptcy  of 
their  respective  districts,  except  as  herein  otherwise  provided;  and  (5)  upon 
the  application  of  the  trustee  during  the  examination  of  the  bankrupts,  or  other 
proceedings,  authorize  the  employment  of  stenographers  at  the  expense  of  the 
estates  at  a  compensation  not  to  exceed  ten  cents  per  folio  for  reporting  and 
transcribing  the  proceedings. 


§  39.  Duties  of  Referees. 

a  Referees  shall  (1)  declare  dividends  and  prepare  and  deliver  to  trustees 
dividend  sheets  showing  the  dividends  declared  and  to  whom  payable;  (2) 
examine  all  schedules  of  property  and  lists  of  creditors  filed  by  bankrupts  and 
cause  such  as  are  incomplete  or  defective  to  be  amended;  (3)  furnish  such 
information  concerning  the  estates  in  process  of  administration  before  them  as 
may  be  requested  by  the  parties  in  interest;  (4)  give  notices  to  creditors  as 
herein  provided;  (5)  make  up  records  embodying  the  evidence,  or  the  substance 
thereof,  as  agreed  upon  by  the  parties  in  all  contested  matters  arising  before 
them,  whenever  requested  to  do  so  by  either  of  the  parties  thereto,  together  with 
their  findings  therein,  and  transmit  them  to  the  judges;  (6)  prepare  and  file 
the  schedules  of  property  and  lists  of  creditors  required  to  be  filed  by  the  bank- 
rupts, or  cause  the  same  to  be  done,  when  the  bankrupts  fail,  refuse,  or 
neglect  to  do  so;  (7)  safely  keep,  perfect,  and  transmit  to  the  clerks  the 
records,  herein  required  to  be  kept  by  them,  when  the  cases  are  concluded; 
(8)  transmit  to  the  clerks  such  papers  as  may  be  on  file  before  them  when- 
ever the  same  are  needed  in  any  proceedings  in  courts,  and  in  like  manner 
secure  the  return  of  such  papers  after  they  have  been  used,  or,  if  it  be 
impracticable  to  transmit  the  original  papers,  transmit  certified  copies  thereof 
by  mail;  (9)  upon  application  of  any  party  in  interest,  preserve  the  evidence 
taken  or  the  substance  thereof  as  agreed  upon  by  the  parties  before  them 
when  a  stenographer  is  not  in  attendance;  and  (10)  whenever  their  respective 
offices  are  in  the  same  cities  or  towns  where  the  courts  of  bankruptcy  convene, 
call  upon  and  receive  from  the  clerks  all  papers  filed  in  courts  of  bankruptcy 
which  have  been  referred  to  them. 

b  Referees  shall  not  (1)  act  in  cases  in  which  they  are  directly  or  indirectly 
interested;  (2)  practice  as  attorneys  and  counselors  at  law  in  any  bankruptcy 
proceedings;  or  (3)  purchase,  directly  or  indirectly,  any  property  of  an  estate 
in  bankruptcy. 


THE  BANKRUPTCY  ACT  OF  1898.  577 

§  40.  Compensation  of  Referees. 

a  liel'erees  shall  receive  as  full  compensation  for  their  services,  payable  after 
they  are  rendered,  a  fee  of  fifteen  dollars  deposited  with  the  clerk  at  the  time 
the  petition  is  filed  in  each  case,  except  when  a  fee  is  not  required  from  a 
voluntary  bankrupt,  and  twenty-five  cents  for  every  proof  of  claim  filed  for 
allowance,  to  be  paid  from  the  estate,  if  any,  as  a  part  of  the  cost  of  administra- 
tion, and  from  estates  which  Iiave  been  administered  before  them  one  per 
centum  commissions  on  all  moneys  disbursed  to  creditors  by  the  trustee,  or 
one-half  of  one  per  centum  on  the  amount  to  be  paid  to  creditors  upon  the 
confirmation  of  a  composition. 

h  Whenever  a  case  is  transferred  from  one  referee  to  another  the  jud,Q:e 
sliall  determine  the  proportion  in  which  the  fee  and  commissions  therefoi- 
shall  be  divided  between  the  referees. 

c  In  the  event  of  the  reference  of  a  case  being  revoked  before  it  is  con- 
cluded, and  when  the  case  is  specially  referred,  the  judge  shall  determine 
what  part  of  the  fee  and  commissions  shall  be  paid  to  the  referee. 

§  41.  Contempts  before  Referees. 

a  A  person  shall  not,  in  proceedings  before  a  referee,  (1)  disobey  or  resist 
any  la^vful  order,  process  or  writ;  (2)  misbehave  during  a  hearing  or  so  near 
the  place  thereof  as  to  obstruct  the  same;  (3)  neglect  to  produce,  after  having 
been  ordered  to  do  so,  any  pertinent  document;  or  (4)  refuse  to  appear  after 
having  been  subpoenaed,  or,  upon  appearing,  refuse  to  take  the  oath  as  a  wit- 
ness, or,  after  having  taken  the  oath,  refuse  to  be  examined  according  to  law: 
Provided,  That  no  person  shall  be  required  to  attend  as  a  witness  before  a 
referee  at  a  place  outside  of  the  State  of  his  residence,  and  more  than  one 
hundred  miles  from  such  place  of  residence,  and  only  in  case  his  lawful  mileage 
and  fee  for  one  day's  attendance  shall  be  first  paid  or  tendered  to  him. 

h  The  referee  shall  certify  the  facts  to  the  judge,  if  any  person  shall  do 
any  of  the  things  forbidden  in  this  section.  The  judge  shall  thereupon,  in  a 
summary  manner,  hear  the  evidence  as  to  the  acts  complained  of,  and,  if  it 
is  such  as  to  warrant  him  in  so  doing,  punish  such  person  in  the  same 
manner  and  to  the  same  extent  as  for  a  contempt  committed  before  the 
court  of  bankruptcy,  or  commit  such  person  upon  the  same  conditions  as  if 
the  doing  of  the  forbidden  act  had  occurred  with  reference  to  the  process  of, 
or  in  the  presence  of,  the  court. 

^5  42.  Records  of  Referees. 

a  The  records  of  all  proceedings  in  each  case  before  a  referee  shall  be  kept 
as  nearly  as  may  be  in  the  same  manner  as  records  are  now  kept  in  equity 
cases  in  circuit  courts  of  the  United  States. 

h  A  record  of  the  proceedings  in  each  case  shall  be  kept  in  a  separate 
book  or  books,  and  shall,  together  with  the  papers  on  file,  constitute  the 
records  of  the  case. 

c  The  book  or  books  containing  a  record  of  the  proceedings  shall,  when 


578  THE  BANKRUPTCY  ACT  OF  1898. 

the  case  is  concluded  before  the  referee,  be  certified  to  by  him,  and,  together 
with  such  papers  as  are  on  file  before  him,  be  transmitted  to  the  court  of 
bankruptcy  and  shall  there  remain  as  a  part  of  the  records  of  the  court. 

§  43.  Referee's  Absence  or  Disability. 

a  Whenever  the  office  of  a  referee  is  vacant,  or  its  occupant  is  absent  or 
disqualified  to  act,  the  judge  may  act,  or  may  appoint  another  referee,  or 
another  referee  holding  an  appointment  under  the  same  court  may,  by  order 
of  the  judge,  temporarily  fill  the  vacancy. 

§  44.  Appointment  of  Trustees. 

a  The  creditors  of  a  bankrupt  estate  shall,  at  their  first  meeting  after  the 
adjudication  or  after  a  vacancy  has  occurred  in  the  office  of  trustee,  or  after 
an  estate  has  been  reopened,  or  after  a  composition  has  been  set  aside  or  a 
discharge  revoked,  or  if  there  is  a  vacancy  in  the  office  of  trustee,  appoint  one 
trustee  or  three  trustees  of  such  estate.  If  the  creditors  do  not  appoint  a 
trustee  or  trustees  as  herein  provided,  the  court  shall  do  so. 

§  45.  Qualifications  of  Trustees. 

a  Trustees  may  be  (1)  individuals  who  are  respectively  competent  to 
perform  the  duties  of  that  office,  and  reside  or  have  an  office  in  the  judicial 
district  within  which  they  are  appointed,  or  (2)  corporations  authorized  by 
their  charters  or  by  law  to  act  in  such  capacity  and  having  an  office  in  the 
judicial  district  within  which  they  are  appointed. 

§  46.  Death  or  Removal  of  Trustees. 

a  The  death  or  removal  of  a  trustee  shall  not  abate  any  suit  or  proceeding 
which  he  is  prosecuting  or  defending  at  the  time  of  his  death  or  removal,  but 
the  same  may  be  proceeded  with  or  defended  by  his  joint  trustee  or  successor  in 
the  same  manner  as  though  the  same  had  been  commenced  or  was  being 
defended  by  such  joint  trustee  alone  or  by  such  successor. 

g  47.  Duties  of  Trustees. 

a  Trustees  shall  respectively  (1)  account  for  and  pay  over  to  the  estates  un- 
der their  control  all  interest  received  by  them  upon  property  of  such  estate ;( 2) 
Collect  and  reduce  to  money  the  property  of  the  estates  for  which  they  are 
trustees,  under  the  direction  of  the  court,  and  close  up  the  estate  as  ex- 
peditiously as  is  compatible  with  the  best  interests  of  the  parties  in  interest;  and. 
such  trustees,  as  to  all  property  in  the  custody  or  coming  into  the  custody  of 
the  bankruptcy  court,  shall  be  deemed  vested  with  all  the  rights,  remedies,  and' 
powers  of  a  creditor  holding  a  lien  by  legal  or  equitable  proceedings  thereon; 
and  also,  as  to  all  property  not  in  the  custody  of  the  bankruptcy  court,  shall  be 
deemed  vested  with  all  the  rights,  remedies,  and  powers  of  a  judgment  creditor 
holding  an  execution  duly  returned  unsatisfied.  (3)  Deposit  all  money 
received  by  them  in  one  of  the  designated  depositories;  (4)  disburse  money 


THE  BANKRUPTCY  ACT  OF  1898.  579 

only  by  check  or  draft  on  the  depositories  in  which  it  has  been  deposited;  (5) 
furnish  such  information  concerning  the  estates  of  which  they  are  trustees 
and  their  administration  as  may  be  requested  by  parties  in  interest;  (6)  keep 
regular  accounts  showing  all  amounts  received  and  from  what  sources  and  all 
amounts  expended  and  on  what  accounts;  (7)  lay  before  the  final  meeting 
of  the  creditors  detailed  statements  of  the  administration  of  the  estates; 
(8)  make  final  reports  and  file  final  accounts  with  the  courts  fifteen  days  be- 
fore the  days  fixed  for  the  final  meetings  of  the  creditors;  (9)  pay  dividends 
within  ten  days  after  they  are  declared  by  the  referees;  (10)  report  to  the 
courts,  in  writing,  the  condition  of  the  estates  and  the  amounts  of  money 
on  hand,  and  such  other  details  as  may  be  required  by  the  courts,  within 
the  first  month  after  their  appointment  and  every  two  months  thereafter, 
unless  otherwise  ordered  by  the  courts;  and  (11)  set  apart  the  bankrupt's 
exemptions  and  report  the  items  and  estimated  value  thereof  to  the  court 
as  soon  as  practicable  after  their  appointment. 

h  Whenever  three  trustees  have  been  appointed  for  an  estate,  the  con- 
currence of  at  least  two  of  them  shall  be  necessary  to  the  validity  of  their 
every  act  concerning  the  administration  of  the  estate. 

c  The  trustee  shall,  within  thirty  days  after  the  adjudication,  file  a  certified 
copy  of  the  decree  of  adjudication  in  the  office  where  conveyances  of  real 
estate  are  recorded  in  every  county  where  the  bankrupt  owns  real  estate  not 
exempt  from  execution,  and  pay  the  fee  for  such  filing,  and  he  shall  receive 
a  compensation  of  fifty  cents  for  each  copy  so  filed,  which,  together  with  the 
filing  fee,  shall  be  paid  out  of  the  estate  of  the  bankrupt  as  a  part  of  the  cost 
and  disbursements  of  the  proceedings. 


§  48.  CompenBation  of  Trustees,  Receivers  and  Marshals. 

a  Trustees  shall  receive  for  their  services,  payable  after  they  are  rendered, 
a  fee  of  five  dollars  deposited  with  the  clerk  at  the  time  the  petition  is  filed 
in  each  case,  except  when  a  fee  is  not  required  from  a  voluntary  bankrupt,  and 
such  commissions  on  all  moneys  disbursed  or  turned  over  to  any  person, 
including  lien  holders,  by  them,  as  may  be  allowed  by  the  courts,  not  to  exceed 
six  per  centum  on  the  first  five  hundred  dollars  or  less,  four  per  centum  on 
moneys  in  excess  of  five  hundred  dollars  and  less  than  fifteen  hundred  dollars, 
two  per  centum  on  moneys  in  excess  of  fifteen  hundred  dollars  and  less  than 
ten  thousand  dollars,  and  one  per  centum  on  moneys  in  excess  of  ten  thousand 
dollars.  And  in  case  of  the  confirmation  of  a  composition  after  the  trustee  has 
qualified  the  court  may  allow  him,  as  compensation,  not  to  exceed  one-half  of 
one  per  centum  of  the  amount  to  he  paid  the  creditors  on  such  composition. 

b  In  the  event  of  an  estate  being  administered  by  three  trustees  instead 
of  one  trustee  or  by  successive  trustees,  the  court  shall  apportion  the  fees  and 
commissions  between  them  according  to  the  services  actually  rendered,  so  that 
there  shall  not  be  paid  to  trustees  for  the  administering  of  any  estate  a  greater 
amount  than  one  trustee  would  be  entitled  to. 


580  THE  BANKRUPTCY  ACT  OF  1898. 

c  The  court  may,  in  its  discretion,  withhold  all  compensation  frcni  any 
tritstee  who  has  been  removed  for  cause. 

d  Receivers  or  marshals  appointed  pursuant  to  section  two,  subdivision 
three,  of  this  Act  shall  receive  for  their  services,  payable  after  they  are 
rendered,  compensation  by  tuay  of  commissions  upon  the  moneys  disbursed  or 
turned  over  to  any  person,  including  lien  holders,  by  them,  and  also  upon  the 
moneys  turned  over  by  them  or  aftenvards  realized  by  the  trustees  from 
property  turned  over  in  kind  by  them  to  the  trustees,  as  the  court  may  alloiv, 
not  to  exceed  six  per  centum  on  the  first  five  hundred  dollars  or  less,  four  per 
centum  on  moneys  in  excess  of  five  hundred  dollars  and  less  than  one  thousand 
five  hundred  dollars,  two  per  centum  on  moneys  in  excess  of  one  thousand 
five  hundred  dollars  and  less  than  ten  thousand  dollars^  and  one  per  centum  on 
moneys  in  excess  of  ten  thousand  dollars:  Provided,  That  in  case  of  the  con- 
firmation of  a  composition  such  commissions  shall  not  exceed  one-half  of  one 
per  centum  of  the  amount  to  be  paid  creditors  on  such  compositions:  Provided 
further,  That  when  the  receiver  or  marshal  acts  as  a  mere  custodian  and  does 
not  carry  on  the  business  of  the  bankrupt  as  provided  in  clause  five  of  section 
two  of  this  Act,  he  shall  not  receive  nor  be  allowed  in  any  form  or  guise  more 
than  two  per  centum  on  the  first  thousand  dollars  or  less,  and  one-half  of  one 
per  centum  on  all  above  one  thousand  dollars  on  moneys  disbursed  by  him  or 
turned  over  by  him  to  the  trustee  and  on  moneys  subsequently  realized  from 
property  turned  over  by  him  in  kind  to  the  trustee:  Provided  further,  That 
before  the  allowance  of  compensation  notice  of  application  therefor,  specifying 
the  amount  asked,  shall  be  given  to  creditors  in  the  manner  indicated  in  section 
fifty-eight  of  this  Act. 

e  Where  the  business  is  conducted  by  trustees,  marshals,  or  receivers,  as 
provided  in  clause  five  of  section  two  of  this  Act,  the  court  may  allow  such 
officers  additional  compensation  for  such  services  by  way  of  commissions  upon 
the  moneys  disbursed  or  turned  over  to  any  person,  including  lien  holders, 
by  them,  and,  in  cases  of  receivers  or  marshals,  also  upon  the  moneys  turned 
over  by  them  or  afterwards  realized  by  the  trustees  from  property  turned  over 
in  kind  by  them  to  the  trustees;  such  commissions  not  to  exceed  six  per  centum 
on  the  first  five  hundred  dollars  or  less,  four  per  centum  on  moneys  in  excess  of 
five  hundred  dollars  and  less  than  one  thousand  five  hundred  dollars,  two  per 
centum  on  moneys  in  excess  of  one  thousand  five  hundred  dollars  and  less  than 
ten  thousand  dollars,  and  one  per  centum  on  moneys  in  excess  of  ten  thousand 
dollars:  Provided,  That  in  case  of  the  confirmation  of  a  composition  such 
commissions  shall  not  exceed  one-half  of  one  per  centum  of  the  amount  to  be 
paid  creditors  on  such  composition:  Provided  further,  That  before  the  allow- 
ance of  compensation  notice  of  application  therefor,  specifying  the  amount 
asked,  shall  be  given  to  creditors  in  the  manner  indicated  in  section  fifty-eight 
of  this  Act. 

%.i9'^  Accounts  and  Papers  of  Trustees. 

a  The  accounts  and  papers  of  trustees  shall  be  open  to  the  inspection  of 
officers  and  all  parties  in  interest. 


THE  BANKRUPTCY  ACT  OF  1898.  581 

§  50.  Bonds  of  Referees  and  Trustees. 

a  Referees,  before  assuming  the  duties  of  their  offices,  and  within  such  time 
as  the  district  courts  of  the  United  States  having  jurisdiction  shall  prescribe, 
shall  respectively  qualify  by  entering  into  bond  to  the  United  States  in  such 
sum  as  shall  be  fixed  by  such  courts,  not  to  exceed  five  thousand  dollars,  with 
such  sureties  as  shall  be  approved  by  such  courts,  conditioned  for  the  faithful 
performance  of  their  official  duties. 

b  Trustees,  before  entering  upon  the  performance  of  their  official  duties, 
and  within  ten  days  after  their  appointment,  or  within  such  further  time, 
not  to  exceed  five  days,  as  the  court  may  permit,  shall  respectively  qualify 
by  entering  into  bond  to  the  United  States,  with  such  sureties  as  shall  be 
approved  by  the  courts,  conditioned  for  the  faithful  performance  of  their 
official  duties. 

c  The  creditors  of  a  bankrupt  estate,  at  their  first  meeting  after  the  ad- 
judication, or  after  a  vacancy  has  occurred  in  the  office  of  trustee,  or  after 
an  estate  has  been  reopened,  or  after  a  composition  has  been  set  aside  or  a 
discharge  revoked,  if  there  is  a  vacancy  in  the  office  of  trustee,  shall  fix  the 
amount  of  the  bond  of  the  trustee ;  they  may  at  any  time  increase  the  amount 
of  the  bond.  If  the  creditors  do  not  fix  the  amount  of  the  bond  of  the 
trustee  as  herein  provided  the  court  shall  do  so. 

d  The  court  shall  require  evidence  as  to  the  actual  value  of  the  property 
of  sureties. 

e  There  shall  be  at  least  two  sureties  upon  each  bond. 

/  The  actual  value  of  the  property  of  the  sureties,  over  and  above  their 
liabilities  and  exemptions,  on  each  bond  shall  equal  at  least  the  amount  of 
such  bond. 

g  Corporations  organized  for  the  purpose  of  becoming  sureties  upon  bonds, 
or  authorized  by  law  to  do  so,  may  be  accepted  as  sureties  upon  the  bonds  of 
referees  and  trustees  whenever  the  courts  are  satisfied  that  the  rights  of  all 
parties  in  interest  will  be  thereby  amply  protected. 

h  Bonds  of  referees,  trustees,  and  designated  depositories  shall  be  filed  of 
record  in  the  office  of  the  clerk  of  the  court  and  may  be  sued  upon  in  the 
name  of  the  United  States  for  the  use  of  any  person  injured  by  a  breach  of 
their  conditions. 

i  Trustees  shall  not  be  liable,  personally  or  on  their  bonds,  to  the  United 
States,  for  any  penalties  or  forfeitures  incurred  by  the  bankrupts  under  this 
act,  of  whose  estates  they  are  respectively  trustees. 

;■  Joint  trustees  may  give  joint  or  several  bonds. 

Jc  If  any  referee  or  trustee  shall  fail  to  give  bond,  as  herein  provided  and 
within  the  time  limited,  he  shall  be  deemed  to  have  declined  his  appoint- 
ment, and  such  failure  shall  create  a  vacancy  in  his  office. 

I  Suits  upon  referees'  bonds  shall  not  be  brought  subsequent  to  two  years 
after  the  alleged  breach  of  the  bond. 

m  Suits  upon  trustees'  bonds  shall  not  be  brought  subsequent  to  two  years 
after  the  estate  has  been  closed. 


582  THE  BANKRUPTCY  ACT  OF  1898. 

§  51.  Duties  of  Clerks. 

a  Clerks  shall  respectfully  (1)  account  for,  as  for  other  fees  received  by 
them,  the  clerk's  fee  paid  in  each  case  and  such  other  fees  as  may  be  received 
for  certified  copies  of  records  which  may  be  prepared  for  persons  other  than 
officers;  (2)  collect  the  fees  of  the  clerk,  referee,  and  trustee  in  each  case 
instituted  before  filing  the  petition,  except  the  petition  of  a  proposed  voluntary 
bankrupt  which  is  accompanied  by  an  affidavit  stating  that  the  petitioner  is 
without,  and  cannot  obtain,  the  money  with  which  to  pay  such  fees;  (3)  deliver 
to  the  referees  upon  application  all  papers  which  may  be  referred  to  them,  or,  if 
the  offices  of  such  referees  are  not  in  the  same  cities  or  towns  as  the  offices  of 
such  clerks,  transmit  such  papers  by  mail,  and  in  like  manner  return  papers 
which  were  received  from  such  referees  after  they  have  been  used;  (4)  and 
within  ten  days  after  each  case  has  been  closed  pay  to  the  referee,  if  the  case 
was  referred,  the  fee  collected  for  him,  and  to  the  trustee  the  fee  collected  for 
him  at  the  time  of  filing  the  petition. 

g  52.  Compensation  of  Clerks  and  Marshals. 

a  Clerks  shall  respectively  receive  as  full  compensation  for  their  services  to 
each  estate,  a  filing  fee  of  ten  dollars,  except  when  a  fee  is  not  required  from  a 
voluntary  bankrupt. 

h  Marshals  shall  respectively  receive  from  the  estate  where  an  adjudica- 
tion in  bankruptcy  is  made,  except  as  herein  otherwise  provided,  for  the 
performance  of  their  service  in  proceedings  in  bankruptcy,  the  same  fees,  and 
account  for  them  in  the  same  way,  as  they  are  entitled  to  receive  for  the 
performance  of  the  same  or  similar  services  in  other  cases  in  accordance 
with  laws  now  in  force,  or  such  as  may  be  hereafter  enacted,  fixing  the 
compensation  of  marshals. 

§  53.  Duties  of  Attorney-General. 

a  The  Attorney-General  shall  annually  lay  before  Congress  statistical  tables 
showing  for  the  whole  country,  and  by  States,  the  number  of  cases  during  the 
year  of  voluntary  and  involuntary  bankruptcy;  the  amount  of  the  property  of 
the  estates ;  the  dividends  paid  and  the  expenses  of  administering  such  estates ; 
and  such  other  like  information  as  he  may  deem  important. 

§  54.  Statistics  of  Bankruptcy  Proceedings. 

a  Officers  shall  furnish  in  writing  and  transmit  by  mail  such  information  as 
is  within  their  knowledge,  and  as  may  be  shown  by  the  records  and  papers 
in  their  possession,  to  the  Attorney-General,  for  statistical  purposes,  within  ten 
days  after  being  requested  by  him  to  do  so. 


THE  BANKKL'FTCY  ACT  OF  1898.  583 


CHAPTER  VI. 
CREDITORS. 

§  55.  Meetings  of  Creditors. 

a  Tlie  court  shall  cause  the  first  meeting  of  the  creditors  of  a  bankrupt  to  be 
held,  not  less  than  ten  nor  more  than  thirty  days  after  the  adjudication,  at  the 
county  seat  of  the  county  in  which  the  bankrupt  has  had  his  principal  place 
of  business,  resided,  or  had  his  domicile;  or  if  that  place  would  be  manifestly 
inconvenient  as  a  place  of  meeting  for  the  parties  in  interest,  or  if  the  bank- 
rupt is  one  who  does  not  do  business,  reside,  or  have  his  domicile  within  the 
United  States,  the  court  shall  fix  a  place  for  the  meeting  which  is  the  most 
convenient  for  parties  in  interest.  If  such  meeting  should  by  any  mischance 
not  be  held  within  such  time,  the  court  shall  fix  the  date,  as  soon  as  may  be 
thereafter,  when  it  shall  be  held. 

h  At  the  first  meeting  of  creditors  the  judge  or  referee  shall  preside,  and, 
before  proceeding  with  the  other  business,  may  allow  or  disallow  the  claims 
of  creditors  there  presented,  and  may  publicly  examine  the  bankrupt  or  cause 
him  to  be  examined  at  the  instance  of  any  creditor, 

c  The  creditors  shall  at  each  meeting  take  such  steps  as  may  be  pertinent 
and  necessary  for  the  promotion  of  the  best  interests  of  the  estate  and  the 
enforcement  of  this  act. 

d  A  meeting  of  creditors,  subsequent  to  the  first  one,  may  be  held  at  any 
time  and  place  when  all  of  the  creditors  who  have  secured  the  allowance  of 
their  claims  sign  a  written  consent  to  hold  a  meeting  at  such  time  and  place. 

e  The  court  shall  call  a  meeting  of  creditors  whenever  one-fourth  or  more 
in  number  of  those  who  have  proven  their  claims  shall  file  a  written  request 
to  that  effect;  if  such  request  is  signed  by  a  majority  of  such  creditors,  which 
number  represents  a  majority  in  amount  of  such  claims,  and  contains  a  re- 
quest for  such  meeting  to  be  held  at  a  designated  place,  the  court  shall  call 
such  meeting  at  such  place  within  thirty  days  after  the  date  of  the  filing  of 
the  request. 

/  Whenever  the  affairs  of  the  estate  are  ready  to  be  closed  a  final  meeting 
of  creditors  shall  be  ordered. 

§  56.  Voters  at  Meetings  of  Creditors. 

a  Creditors  shall  pass  upon  matters  submitted  to  them  at  their  meetings  by 
a  majority  vote  in  number  and  amount  of  claims  of  all  creditors  whose  claims 
have  been  allowed  and  are  present,  except  as  herein  otherwise  provided. 

&  Creditors  holding  claims  which  are  secured  or  have  priority  shall  not, 


584  THE  BANKRUPTCY  ACT  OF  1898. 

in  respect  to  such  claims,  be  entitled  to  vote  at  creditors'  meetings,  nor 
shall  such  claims  be  counted  in  computing  either  the  number  of  creditors 
or  the  amount  of  their  claims,  unless  the  amounts  of  such  claims  exceed  the 
values  of  such  securities  or  priorities,  and  then  only  for  such  excess. 

§  57.  Proof  and  Allowance  of  Claims. 

a  Proof  of  claims  shall  consist  of  a  statement  under  oath,  in  writing,  signed 
by  a  creditor  setting  forth  the  claim,  the  consideration  therefor,  and  whether 
any,  and,  if  so  what,  securities  are  held  therefor,  and  whether  any,  and,  if  so 
what,  payments  have  been  made  thereon,  and  that  the  sum  claimed  is  justly 
owing  from  the  bankrupt  to  the  creditor, 

h  Whenever  a  claim  is  founded  upon  an  instrument  of  writing,  such  instru- 
ment, unless  lost  or  destroyed,  shall  be  filed  with  the  proof  of  claim.  If  such 
instrument  is  lost  or  destroyed,  a  statement  of  such  fact  and  of  the  circum- 
stances of  such  loss  or  destruction  shall  be  filed  under  oath  with  the  claim. 
After  the  claim  is  allowed  or  disallowed,  such  instrument  may  be  withdrawn 
by  permission  of  the  court,  upon  leaving  a  copy  thereof  on  file  with  the  claim. 

c  Claims  after  being  proved  may,  for  the  purpose  of  allowance,  be  filed  by 
the  claimants  in  the  court  where  the  proceedings  are  pending,  or  before  the 
referee  if  the  case  has  been  referred. 

d  Claims  which  have  been  duly  proved  shall  be  allowed,  upon  receipt  by  or 
upon  presentation  to  the  court,  unless  objection  to  their  allowance  shall  be 
made  by  parties  in  interest,  or  their  consideration  be  continued  for  cause  by 
the  court  upon  its  own  motion. 

e  Claims  of  secured  creditors  and  those  who  have  priority  may  be  allowed 
to  enable  such  creditors  to  participate  in  the  proceedings  at  creditors'  meetings 
held  prior  to  the  determination  of  the  value  of  their  securities  or  priorities,  but 
shall  be  allowed  for  such  sums  only  as  to  the  courts  seem  to  be  owing  over  and 
above  the  value  of  their  securities  or  priorities. 

/  Objections  to  claims  shall  be  heard  aud  determined  as  soon  as  the  con- 
venience of  the  court  and  the  best  interests  of  the  estates  and  the  claimants 
will  permit. 

g  The  claims  of  creditors  who  have  received  preferences,  voidable  under 
section  sixty,  subdivision  h,  or  to  whom  conveyances,  transfers,  assignments,  or 
incumbrances,  void  or  voidable  under  section  sixty-seven,  subdivision  e.  have 
been  made  or  given,  shall  not  be  allowed  unless  such  creditors  shall  surrender 
such  preferences,  conveyances,  transfers,  assignments,  or  incumbrances. 

h  The  value  of  securities  held  by  secured  creditors  shall  be  determined  by 
converting  the  same  into  money  according  to  the  terms  of  the  agreement  pur- 
suant to  which  such  securities  were  delivered  to  such  creditors  or  by  such 
creditors  and  the  trustee,  by  agreement,  arbitration,  compromise,  or  litigation, 
as  the  court  may  direct,  and  the  amount  of  such  value  shall  be  credited  upon 
such  claims  and  a  dividend  shall  be  paid  only  on  the  unpaid  balance. 

i  Whenever  a  creditor,  whose  claim  against  a  bankrupt  estate  is  secured  by 
the  individual  undertaking  of  any  person,  fails  to  prove  such  claim,  such  person 


THE  BANKRUPTCY  ACT  OF  1898.  585 

may  do  so  in  the  creditor's  name,  and  if  he  discharge  such  undertaking  in  whole 
or  in  part  he  shall  he  subrogated  to  that  extent  to  the  rights  of  the  creditor. 

;  Debts  owing  to  the  United  States,  a  State,  a  county,  a  district,  or  a  muni- 
cipality as  a  penalty  or  forfeiture  shall  not  be  allowed,  except  for  the  amount  of 
the  pecuniary  loss  sustained  by  the  act,  transaction,  or  proceeding  out  of  which 
the  penalty  or  forfeiture  arose,  with  reasonable  and  actual  costs  occasioned 
thereby  and  such  interest  as  may  have  accrued  thereon  according  to  law. 

k  Claims  which  have  been  allowed  may  be  reconsidered  for  cause  and  re- 
allowed  or  rejected  in  whole  or  in  part,  according  to  the  equities  of  the  case, 
before  but  not  after  the  estate  has  been  closed. 

I  Whenever  a  claim  shall  have  been  reconsidered  and  rejected,  in  whole  or  in 
part,  upon  which  a  dividend  has  been  paid,  the  trustee  may  recover  from  the 
creditor  the  amount  of  the  dividend  received  upon  the  claim  if  rejected  in 
whole  or  the  proportional  part  thereof  if  rejected  only  in  part. 

m  The  claim  of  any  estate  which  is  being  administered  in  bankruptcy 
against  any  like  estate  may  be  proved  by  the  trustee  and  allowed  by  the  court 
in  the  same  manner  and  upon  like  terms  as  the  claims  of  other  creditors. 

n  Claims  shall  not  be  proved  against  a  bankrupt  estate  subsequent  to  one 
year  after  the  adjudication ;  or  if  they  are  liquidated  by  litigation  and  the  final 
judgment  therein  is  rendered  within  thirty  days  before  or  after  the  expiration 
of  such  time,  then  within  sixty  days  after  the  rendition  of  such  judgment: 
Provided,  That  the  right  of  infants  and  insane  persons  without  guardians, 
without  notice  of  the  proceedings,  may  continue  six  months  longer. 

§  58.  Notices  to  Creditors. 

(a)  Creditors  shall  have  at  least  ten  days'  notice  hy  mail,  to  their  respective 
addresses  as  they  appear  in  the  list  of  creditors  of  the  bankrupt,  or  as  after- 
wards filed  with  the  papers  in  the  case  hy  the  creditors,  unless  they  waive 
notice  in  writing,  of  (1)  all  examinations  of  the  bankrupt;  (2)  all  hearings 
upon  applications  for  the  confirmation  of  compositions;  (3)  all  meetings  of 
creditors;  (4)  all  proposed  sales  of  property;  (5)  the  declaration  and  time  of 
payment  of  dividends;  (6)  the  filing  of  the  final  accounts  of  the  trustee,  and 
the  time  when  and  the  place  where  they  will  he  examined  and  passed  upon; 
(7)  the  proposed  compromise  of  any  controversy ;  (8)  the  proposed  dismissal 
of  the  proceedings,  and  (9)  there  shall  he  thirty  days'  notice  of  all  applications 
for  the  discharge  of  bankrupts. 

h  Notice  to  creditors  of  the  first  meeting  shall  be  published  at  least  once 
and  may  be  published  such  number  of  additional  times  as  the  court  may  direct ; 
the  last  publication  shall  be  at  least  one  week  prior  to  the  date  fixed  for  the 
meeting.    Other  notices  may  be  published  as  the  court  shall  direct. 

c  All  notices  shall  be  given  by  the  referee,  unless  otherwise  ordered  by  the 
judge. 

§  59.  Who  may  File  and  Dismiss  Petitions. 

a  Any  qualified  jK-rson  may  file  a  ixtition  to  be  adjudged  a  voluntary 
bankrupt. 


586  THE  BANKRUPTCY  ACT  OF  1898. 

6  Three  or  more  creditors  who  have  provable  claims  against  any  person 
which  amount  in  the  aggregate  in  excess  of  the  value  of  securities  held  by 
them,  if  any,  to  five  hundred  dollars  or  over;  or  if  all  of  the  creditors  of  such 
person  are  less  than  twelve  in  number,  then  one  of  such  creditors  whose  claim 
equals  such  amount  may  file  a  petition  to  have  him  adjudged  a  bankrupt. 

c  Petitions  shall  be  filed  in  duplicate,  one  copy  for  the  clerk  and  one  for 
service  on  the  bankrupt. 

d  If  it  be  averred  in  the  petition  that  the  creditors  of  the  bankrupt  are  less 
than  twelve  in  number,  and  less  than  three  creditors  have  joined  as  peti- 
tioners therein,  and  the  answer  avers  the  existence  of  a  larger  number  of 
creditors,  there  shall  be  filed  with  the  answer  a  list  under  oath  of  all  the 
creditors,  with  their  addresses,  and  thereupon  the  court  shall  cause  all  such 
creditors  to  be  notified  of  the  pendency  of  such  petition  and  shall  delay  the 
hearing  upon  such  petition  for  a  reasonable  time,  to  the  end  that  parties  in 
interest  shall  have  an  opportunity  to  be  heard;  if  upon  such  hearing  it  shall 
appear  that  a  sufficient  number  have  joined  in  such  petition,  or  if  prior  to  or 
during  such  hearing  a  sufficient  number  shall  join  therein,  the  case  may  be 
proceeded  with,  but  otherwise  it  shall  be  dismissed. 

e  In  computing  the  number  of  creditors  of  a  bankrupt  for  the  purpose  of 
determining  how  many  creditors  must  join  in  the  petition,  such  creditors  as 
were  employed  by  him  at  the  time  of  the  filing  of  the  petition  or  are  related 
to  him  by  consanguinity  or  affinity  within  the  third  degree,  as  determined  by 
the  common  law,  and  have  not  joined  in  the  petition,  shall  not  be  counted. 

/  Creditors  other  than  original  petitioners  may  at  any  time  enter  their 
appearance  and  join  in  the  petition,  or  file  an  answer  and  be  heard  in  oppo- 
sition to  the  prayer  of  the  petition. 

g  A  voluntary  or  involuntary  petition  shall  not  he  dismissed  hy  the  peti- 
tioner or  petitioners  or  for  want  of  prosecution  or  hy  consent  of  parties  until 
after  notice  to  the  creditors,  and  to  that  end  the  court  shall,  hefore  entertain- 
ing an  application  for  dismissal,  require  the  hanhrupt  to  file  a  list,  under  oath, 
of  all  his  creditors,  with  their  addresses,  and  shall  cause  notice  to  he  sent  to  all 
such  creditors  of  the  pendency  of  such  application,  and  shall  delay  the  hearing 
thereon  for  a  reasonahle  time  to  allow  all  creditors  and  parties  in  interest 
opportunity  to  he  heard. 


§  60.  Preferred  Creditors. 

a  A  person  shall  be  deemed  to  have  given  a  preference  if,  being  insolvent,  he 
has,  within  four  months  before  the  filing  of  the  petition,  or  after  the  filing 
of  the  petition  and  before  the  adjudication,  procured  or  sufi'ered  a  judgment  to 
be  entered  against  himself  in  favor  of  any  person,  or  made  a  transfer  of  any 
of  his  property,  and  the  effect  of  the  enforcement  of  such  judgment  or  transfer 
will  be  to  enable  any  one  of  his  creditors  to  obtain  a  greater  percentage  of  his 
debt  than  any  other  of  such  creditors  of  the  same  class.  Where  the  preference 
consists  in  a  transfer,  such  period  of  four  months  shall  not  expire  until  four 


THE  BANKRUPTCY  ACT  OP^  1898.  587 

months  after  the  date  of  the  recording  or  registering  of  the  transfer,  if  by  law 
such  recording  or  registering  is  required. 

h  If  a  hanJcrupt  shall  have  procured  or  suffered  a  judgment  to  be  entered 
against  him  in  favor  of  any  person  or  have  made  a  transfer  of  any  of  his  prop- 
erty, and  if,  at  the  time  of  the  transfer,  or  of  the  entry  of  the  judgment,  or  of 
the  recording  or  registering  of  the  transfer  if  by  law  recording  or  registering 
thereof  is  required,  and  being  within  four  months  before  the  filing  of  the  peti- 
tion in  bankruptcy  or  after  the  filing  thereof  and  before  the  adjudication,  the 
bankrupt  be  insolvent  and  the  judgment  or  transfer  then  operate  as  a  prefer- 
ence, and  the  person  receiving  it  or  to  be  benefited  thereby,  or  his  agent  acting 
therein,  shall  then  have  reasonable  cause  to  believe  that  the  enforcement  of  such 
judgment  or  transfer  would  effect  a  preference,  it  shall  be  voidable  by  the 
trustee  and  he  may  recover  the  property  or  its  value  from  such  person.  And 
for  the  purpose  of  such  recovery  any  court  of  bankruptcy,  as  hereinbefore 
defined,  and  any  state  court  which  would  have  had  jurisdiction  if  bankruptcy 
had  not  intervened,  shall  have  concurrent  jurisdiction. 

c  If  a  creditor  has  been  preferred,  and  afterwards  in  good  faith  gives  the 
debtor  further  credit  without  security  of  any  kind  for  property  which  becomes 
a  part  of  the  debtor's  estates,  the  amount  of  such  new  credit  remaining  unpaid 
at  the  time  of  the  adjudication  in  bankruptcy  may  be  set  off  against  the  amount 
which  would  otherwise  be  recoverable  from  him. 

rf  If  a  debtor  shall,  directly  or  indirectly,  in  contemplation  of  the  filing  of  a 
petition  by  or  against  him,  pay  money  or  transfer  property  to  an  attorney  and 
counselor  at  law,  solicitor  in  equity,  or  proctor  in  admiralty  for  services  to  be 
rendered,  the  transaction  shall  be  re-examined  by  the  court  on  petition  of  the 
trustee  or  any  creditor  and  shall  only  be  held  valid  to  the  extent  of  a  reason- 
ble  amount  to  be  determined  by  the  court,  and  the  excess  may  be  recovered  by 
the  trustee  for  the  benefit  of  the  estate. 


i88  THE  BANKKUPTCY  ACT  OF  1898. 


CHAPTER  VII. 
ESTATES. 

§  61.  Depositories  for  Money. 

a  Courts  of  bankruptcy  shall  designate,  by  order,  banking  institutions  as 
depositories  for  the  money  of  bankrupt  estates,  as  convenient  as  may  be  to  the 
residences  of  trustees,  and  shall  require  bonds  to  the  United  States,  subject  to 
their  approval,  to  be  given  by  such  banking  institutions,  and  may  from  time  to 
time  as  occasion  may  require,  by  like  order  increase  the  number  of  depositories 
or  the  amount  of  any  bond  or  change  such  depositories. 

§  62.  Expenses  of  Administering  Estates. 

a  The  actual  and  necessary  expenses  incurred  by  officers  in  the  administra- 
tion of  estates  shall,  except  where  other  provisions  are  made  for  their  payment, 
be  reported  in  detail,  under  oath,  and  examined  and  approved  or  disapproved  by 
the  court.  If  approved,  they  shall  be  paid  or  allowed  out  of  the  estates  in 
which  they  were  incurred. 

§  63.  Debts  which  may  be  Proved. 

a  Debts  of  the  bankrupt  may  be  proved  and  allowed  against  his  estate  which 
are  (1)  a  fixed  liability  as  evidenced  by  a  judgment  or  an  instrument  in 
writing,  absolutely  owing  at  the  time  of  the  filing  of  the  petition  against  him, 
whether  then  payable  or  not,  with  any  interest  thereon  which  would  have  been 
recoverable  at  that  date  or  with  a  rebate  of  interest  upon  such  as  were  not  then 
payable  and  did  not  bear  interest;  (2)  due  as  costs  taxable  against  an  involun- 
tary bankrupt  who  was  at  the  time  of  the  filing  of  the  petition  against  him 
plaintiff  in  a  cause  of  action  which  would  pass  to  the  trustee  and  which  the 
trustee  declines  to  prosecute  after  notice;  (3)  founded  upon  a  claim  for  tax- 
able costs  incurred  in  good  faith  by  a  creditor  before  the  filing  of  the  petition 
in  an  action  to  recover  a  provable  debt;  (4)  founded  upon  an  open  account,  or 
upon  a  contract  express  or  implied;  and  (5)  founded  upon  provable  debts 
reduced  to  judgments  after  the  filing  of  the  petition  and  before  the  considera- 
tion of  the  bankrupt's  application  for  a  discharge,  less  costs  incurred  and 
interest  accrued  after  the  filing  of  the  petition  and  up  to  the  time  of  the  entry 
of  such  judgments. 

h  Unliquidated  claims  against  the  bankrupt  may,  pursuant  to  application 
to  the  court,  be  liquidated  in  such  manner  as  it  shall  direct,  and  may  thereafter 
be  proved  and  allowed  ,T^r!in=t  hi'?  estate. 


THE   BANKRUPTCY  ACT  OF   1898.  589 

§  64.   Debts  w^hich  have  Priority. 

a  The  court  shall  order  the  trustee  to  pay  all  taxes  legally  due  and  owing 
by  the  bankrupt  to  the  United  States,  State,  county,  district,  or  municipality  in 
advance  of  the  payment  of  dividends  to  creditors,  and  upon  filing  the  receipts 
of  the  proper  public  officers  for  such  payment  he  shall  be  credited  with  the 
amount  tlioreof,  and  in  case  any  question  arises  as  to  the  amount  or  legality 
of  any  such  tax  the  same  shall  be  heard  and  determined  by  the  court. 

h  The  debts  to  have  priority,  except  as  herein  provided,  and  to  be  paid  in 
full  out  of  bankrupt  estates,  and  the  order  of  payment  shall  be  (1)  the  actual 
iind  necessary  cost  of  preserving  the  estate  subsequent  to  filing  the  petition ; 
(2)  the  filing  fees  paid  by  creditors  in  involuntary  cases,  and  where  property 
of  the  bankrupt,  transferred  or  concealed  by  him  either  before  or  after  the 
filing  of  the  petition,  shall  have  been  recovered  for  the  benefit  of  the  estate  of 
tlie  bankrupt  by  the  efforts  and  at  the  expense  of  one  or  more  creditors,  the 
reasonable  expenses  of  such  recovery;  (3)  the  cost  of  administration,  includ- 
ing the  fees  and  mileage  payable  to  witnesses  as  now  or  hereafter  provided  by 
the  laws  of  the  United  States,  and  one  reasonable  attorney's  fee,  for  the  pro- 
fessional services  actually  rendered,  irrespective  of  the  number  of  attorneys 
employed,  to  the  petitioning  creditors  in  involuntary  cases,  to  the  bankrupt  in 
involuntary  cases  while  performing  the  duties  herein  described,  and  to  the 
bankrupt  in  voluntary  cases,  as  the  court  may  allow;  (4)  wages  due  to 
workmen,  clerks,  traveling  or  city  salesmen,^  or  servants  which  have  been 
earned  within  three  months  before  the  date  of  the  commencement  of  proceed- 
ings, not  to  exceed  three  hundred  dollars  to  each  claimant;  and  (5)  debts 
owing  to  any  person  who  by  the  laws  of  the  States  or  the  United  States  is 
entitled  to  priority. 

c  In  the  event  of  the  confirmation  of  a  composition  being  set  aside,  or  a 
discharge  revoked,  the  property  acquired  by  the  bankrupt  in  addition  to  his 
estate  at  the  time  the  composition  was  confirmed  or  the  adjudication  was  made 
shall  be  applied  to  the  payment  in  full  of  the  claims  of  creditors  for  property 
sold  to  him  on  credit,  in  good  faith,  while  such  composition  or  discharge  was 
in  force,  and  the  residue,  if  any,  shall  be  applied  to  the  payment  of  the  debts 
which  were  owing  at  the  time  of  the  adjudication, 

■§  65.  Declaration  and  Payment  of  Dividends. 

a  Dividends  of  an  equal  per  centum  shall  be  declared  and  paid  on  all 
.allowed  claims,  except  such  as  have  priority  or  are  secured. 

/'  The  first  dividend  shall  be  declared  within  thirty  days  after  the  adjudica- 
tion, if  the  money  of  the  estate  in  excess  of  the  amount  necessary  to  pay  the 
tiebts  which  have  priority  and  such  claims  as  have  not  been,  but  probably  will 
be,  allowed  c<iuals  five  per  centum  or  more  of  such  allowed  claims.  Dividends 
subsequent  to  the  first  shall  be  declared  upon  like  terms  as  the  first  and  as 
often  as  the  amount  shall  equal  ten  per  centum  or  more  and  upon  closing  the 
<estate.  Dividends  may  be  declared  oftener  and  in  smaller  proportions  if  the 
*^  Amended  by  act  of  1906,  approved  .Tune  15.  ' 


590  THE  BANKRUPTCY  ACT  OF  1898. 

judge  shall  so  order :  Provided,  That  the  first  dividend  shall  not  include  more 
than  fifty  per  centum  of  the  money  of  the  estate  in  excess  of  the  amount 
necessary  to  pay  the  debts  which  have  priority  and  such  claims  as  probably 
will  be  allowed:  And  provided  further.  That  the  final  dividend  shall  not  be 
declared  within  three  months  after  the  first  dividend  shall  be  declared. 

c  The  rights  of  creditors  who  have  received  dividends,  or  in  whose  favor 
final  dividends  have  been  declared,  shall  not  be  affected  by  the  proof  and  allow- 
ance of  claims  subsequent  to  the  date  of  such  payment  or  declarations  of 
dividends ;  but  the  creditors  proving  and  securing  the  allowance  of  such  claims 
shall  be  paid  dividends  equal  in  amount  to  those  already  received  by  the  other 
creditors  if  the  estate  equals  so  much  before  such  other  creditors  are  paid  any 
further  dividends. 

d  Whenever  a  person  shall  have  been  adjudged  a  bankrupt  by  a  court 
without  the  United  States  and  also  by  a  court  of  bankruptcy,  creditors  residing 
within  the  United  States  shall  first  be  paid  a  dividend  equal  to  that  received 
in  the  court  without  the  United  States  by  other  creditors  before  creditors  who 
have  received  a  dividend  in  such  court  shall  be  paid  any  amounts. 

e  A  claimant  shall  not  be  entitled  to  collect  from  a  bankrupt  estate  any 
greater  amount  than  shall  accrue  pursuant  to  the  provisions  of  this  act. 

§  66.  Unclaimed  Dividends. 

a  Dividends  which  remain  unclaimed  for  six  months  after  the  final  dividend 
has  been  declared  shall  be  paid  by  the  trustee  into  court. 

&  Dividends  remaining  unclaimed  for  one  year  shall,  under  the  direction  of 
the  court,  be  distributed  to  the  creditors  whose  claims  have  been  allowed  but 
not  paid  in  full,  and  after  such  claims  have  been  paid  in  full  the  balance  shall 
be  paid  to  the  bankrupt:  Provided,  That  in  case  unclaimed  dividends  belong 
to  minors  such  minors  may  have  one  year  after  arriving  at  majority  to  claim 
such  dividends. 

§67.  Liens. 

a  Claims  which  for  want  of  record  or  for  other  reasons  would  not  have  been 
valid  liens  as  against  the  claims  of  the  creditors  of  the  bankrupt  shall  not  be 
liens  against  his  estate. 

h  Whenever  a  creditor  is  prevented  from  enforcing  his  rights  as  against  a 
lien  created,  or  attempted  to  be  created,  by  his  debtor,  who  afterwards  becomes 
a  bankrupt,  the  trustee  of  the  estate  of  such  bankrupt  shall  be  subrogated  to 
and  may  enforce  such  rights  of  such  creditor  for  the  benefit  of  the  estate. 

c  A  lien  created  by  or  obtained  in  or  pursuant  to  any  suit  or  proceeding  at 
law  or  in  equity,  including  an  attachment  upon  mesne  process  or  a  judgment 
by  confession,  which  was  begun  against  a  person  within  four  months  before  the 
filing  of  a  petition  in  bankruptcy  by  or  against  such  person  shall  be  dissolved 
by  the  adjudication  of  such  person  to  be  a  bankrupt  if  (1)  it  appears  that  said 
lien  was  obtained  and  permitted  while  the  defendant  was  insolvent  and  that  its 
existence  and  enforcement  will  work  a  preference,  or  (2)  the  party  or  parties 


THE  BANKRUPTCY  ACT  OF  1898.  591 

to  be  benefited  thereby  had  reasonable  cause  to  believe  the  defendant  was  in- 
solvent and  in  contemplation  of  bankruptcy,  or  (3)  that  such  lien  was  sought 
and  permitted  in  fraud  of  the  provisions  of  this  act;  or  if  the  dissolution  of 
such  lien  would  militate  against  the  best  interests  of  the  estate  of  such  person 
the  same  shall  not  be  dissolved,  but  the  trustee  of  the  estate  of  such  person,  for 
the  benefit  of  the  estate,  shall  be  subrogated  to  the  rights  of  the  holder  of  such 
lien  and  empowered  to  perfect  and  enforce  the  same  in  his  name  as  trustee 
with  like  force  and  effect  as  such  holder  might  have  done  had  not  bankruptcy 
proceedings  intervened. 

d  Liens  given  or  accepted  in  good  faith  and  not  in  contemplation  of  or  in 
fraud  upon  this  Act,  and  for  a  present  consideration,  which  have  been  recorded 
according  to  law,  if  record  thereof  was  necessary  in  order  to  impart  notice, 
shall,  to  the  extent  of  such  present  consideration  only,  not  he  affected  by  this 
Act. 

e  That  all  conveyances,  transfers,  assignments,  or  incumbrances  of  his 
property,  or  any  part  thereof,  made  or  given  by  a  person  adjudged  a  bank- 
rupt under  the  provisions  of  this  act  subsequent  to  the  passage  of  this  act  and 
within  four  months  prior  to  the  filing  of  the  petition,  with  the  intent  and  pur- 
pose on  his  part  to  hinder,  delay,  or  defraud  his  creditors,  or  any  of  them, 
shall  be  null  and  void  as  against  the  creditors  of  such  debtor,  except  as  to  pur- 
chasers in  good  faith  and  for  a  present  fair  consideration ;  and  all  property  of 
the  debtor  conveyed,  transferred,  assigned,  or  encumbered  as  aforesaid  shall, 
if  he  be  adjudged  a  bankrupt,  and  the  same  is  not  exempt  from  execution  and 
liability  for  debts  by  the  law  of  his  domicile,  be  and  remain  a  part  of  the  assets 
and  estate  of  the  bankrupt  and  shall  pass  to  his  said  trustee,  whose  duty  it 
shall  be  to  recover  and  reclaim  the  same  by  legal  proceedings  or  otherwise  for 
the  benefit  of  the  creditors.  And  all  conveyances,  transfers,  or  incumbrances  of 
his  property  made  by  a  debtor  at  any  time  within  four  months  prior  to  the 
filing  of  the  petition  against  him,  and  while  insolvent,  which  are  held  null  and 
void  as  against  the  creditors  of  such  debtor  by  the  laws  of  the  State,  Territory, 
or  District  in  which  such  property  is  situate,  shall  be  deemed  null  and  void 
under  this  act  against  the  creditors  of  such  debtor  if  he  be  adjudged  a  bank- 
rupt, and  such  property  shall  pass  to  the  assignee  and  be  by  him  reclaimed 
and  recovered  for  the  benefit  of  the  creditors  of  the  bankrupt.  For  the  pur- 
pose of  such  recovery  any  court  of  bankruptcy  as  hereinbefore  defined,  and 
any  State  court  which  would  have  had  jurisdiction  if  bankruptcy  had  not  in- 
tervened, shall  have  concurrent  jurisdiction. 

/  That  all  levies,  judgments,  attachments,  or  other  liens,  obtained  through 
legal  proceedings  against  a  person  who  is  insolvent,  at  any  time  within  four 
months  prior  to  the  filing  of  a  petition  in  bankruptcy  against  him,  shall  be 
deemed  null  and  void  in  case  he  is  adjudged  a  bankrupt,  and  the  property 
affected  by  the  levy,  judgment,  attachment,  or  other  lien  shall  be  deemed 
wholly  discharged  and  released  from  the  same,  and  shall  pass  to  the  trustee 
as  a  part  of  the  estate  of  the  bankrupt,  unless  the  court  shall,  on  due  notice, 
order  that  the  right  under  such  levy,  judgment,  attachment  or  other  lien 


592  THE  BANKRUPTCY  ACT  OF  1898. 

shall  be  preserved  for  the  benefit  of  the  estate;  and  thereupon  the  same 
may  pass  to  and  shall  be  preserved  by  the  trustee  for  the  benefit  of  the 
estate  as  aforesaid.  And  the  court  may  order  such  conveyance  as  shall  be 
necessary  to  carry  the  purposes  of  this  section  into  effect:  Provided,  That 
nothing  herein  contained  shall  have  the  effect  to  destroy  or  impair  the 
title  obtained  by  such  levy,  judgment,  attachment,  or  other  lien,  of  a  bona 
fide  purchaser  for  value  who  shall  have  acquired  the  same  without  notice  or 
reasonable  cause  for  inquiry. 

§  68.  Set-offs  and  Counterclaims. 

a  In  all  cases  of  mutual  debts  or  mutual  creditors  between  the  estate  of  a 
bankrupt  and  a  creditor  the  account  shall  be  stated  and  one  debt  shall  be  set 
off  against  the  other,  and  the  balance  only  shall  be  allowed  or  paid. 

h  A  set-off  or  counterclaim  shall  not  be  allowed  in  favor  of  any  debtor  of 
the  bankrupt  which  (1)  is  not  provable  against  the  estate;  or  (2)  was  pur- 
chased by  or  transferred  to  him  after  the  filing  of  the  petition,  or  within 
four  months  before  such  filing,  with  a  view  to  such  use  and  with  knowledge 
or  notice  that  such  bankrupt  was  insolvent,  or  had  committed  an  act  of 
bankruptcy. 

§  69.  Possession  of  Property. 

a  A  judge  may,  upon  satisfactory  proof,  by  affidavit,  that  a  bankrupt  against 
whom  an  involuntary  petition  has  been  filed  and  is  pending  has  committed  an 
act  of  bankruptcy,  or  has  neglected  or  is  neglecting,  or  is  about  to  so  neglect 
his  property  that  it  has  thereby  deteriorated  or  is  thereby  deteriorating  or  is 
about  thereby  to  deteriorate  in  value  issue  a  warrant  to  the  marshal  to  seize 
and  hold  it  subject  to  further  orders.  Before  such  warrant  is  issued  the 
petitioners  applying  therefor  shall  enter  into  a  bond  in  such  an  amount  as  the 
judge  shall  fix,  with  such  sureties  as  he  shall  approve,  conditioned  to  indemnify 
such  bankrupt  for  such  damages  as  he  shall  sustain  in  the  event  such  seizure 
shall  prove  to  have  been  wrongfully  obtained.  Such  property  shall  be  released, 
if  such  bankrupt  shall  give  bond  in  a  sum  which  shall  be  fixed  by  the  judge, 
with  such  sureties  as  he  shall  approve,  conditioned  to  turn  over  such  property, 
or  pay  the  value  thereof  in  money  to  the  trustee,  in  the  event  he  is  adjudged 
a  bankrupt  pursuant  to  such  petition. 

§  70.  Title  to  Property. 

a  The  trustee  of  the  estate  of  a  bankrupt,  upon  his  appointment  and  qualifi- 
cation, and  his  successor  or  successors,  if  he  shall  have  one  or  more,  upon  his  or 
their  appointment  and  qualification  shall  in  turn  be  vested  by  operation  of  law 
with  the  title  of  the  bankrupt,  as  of  the  date  he  was  adjudged  a  bankrupt, 
except  in  so  far  as  it  is  to  property  which  is  exempt,  to  all  (1)  documents 
relating  to  his  property;  (2)  interests  in  patents,  patent  rights,  copyrights,  and 
trade-marks;  (3)  powers  which  he  might  have  exercised  for  his  own  benefit, 
but  not  those  which  he  might  have  exercised  for  some  other  person;  (4)  prop- 


THE  BANKRUPTCY  ACT  OF  1898.  593 

•erty  transferred  by  him  in  fraud  of  his  creditors;  (5)  property  which  prior  to 
the  filing  of  the  petition  he  could  by  any  means  have  transferred  or  which 
rided,  That  when  any  bankrupt  shall  have  any  insurance  policy  which  has  a 
vided.  That  when  any  bankrupt  shall  have  any  insurance  policy  which  has  a 
cash  surrender  value  payable  to  himself,  his  estate,  or  personal  representatives, 
he  may,  within  thirty  days  after  the  cash  surrender  value  has  been  ascer- 
tained and  stated  to  the  trustee  by  the  company  issuing  the  same,  pay  or 
secure  to  the  trustee  the  sum  so  ascertained  and  stated,  and  continue  to 
hold,  own,  and  carry  such  policy  free  from  the  claims  of  the  creditors  par- 
tiei})ating  in  the  distribution  of  his  estate  under  the  bankruptcy  proceed- 
ings, otherwise  the  policy  shall  pass  to  the  trustee  as  assets;  and  (6)  rights 
of  action  arising  upon  contracts  or  from  the  unlawful  taking  or  detention 
of,  or  injury  to,  his  property. 

h  All  real  and  personal  property  belonging  to  bankrupt  estates  shall  be 
appraised  by  three  disinterested  appraisers;  they  shall  be  appointed  by,  and 
report  to,  the  court.  Real  and  personal  property  shall,  when  practicable, 
be  sold  subject  to  the  approval  of  the  court;  it  shall  not  be  sold  otherwise 
than  subject  to  the  approval  of  the  court  for  less  than  seventy-five  per 
centum  of  its  appraised  value. 

c  The  title  to  property  of  a  bankrupt  estate  which  has  been  sold,  as  herein 
provided,  shall  be  conveyed  to  the  purchaser  by  the  trustee. 

d  Whenever  a  composition  shall  be  set  aside,  or  discharge  revoked,  the 
trustee  shall,  upon  his  appointment  and  qualification,  be  vested  as  herein 
provided  with  the  title  to  all  of  the  property  of  the  bankrupt  as  of  the  date 
of  the  final  decree  setting  aside  the  composition  or  revoking  the  discharge. 

e  The  trustee  may  avoid  any  transfer  by  the  bankrupt  of  his  property 
which  any  creditor  of  such  bankrupt  might  have  avoided,  and  may  recover 
the  property  so  transferred,  or  its  value,  from  the  person  to  whom  it  was 
transferred,  unless  he  was  a  bona  fide  holder  for  value  prior  to  the  date 
of  the  adjudication.  Such  property  may  be  recovered  or  its  value  collected 
from  whoever  may  have  received  it,  except  a  bona  fide  holder  for  value. 
For  the  purpose  of  such  recovery  any  court  of  bankruptcy  as  hereinbefore 
defined,  and  any  State  court  which  would  have  had  jurisdiction  if  bank- 
ruptcy had  not  intervened,  shall  have  concurrent  jurisdiction. 

/  Upon  the  confirmation  of  a  composition  offered  by  a  bankrupt,  the  title 
to  his  property  shall  thereupon  revest  in  him. 

§71. 

That  the  clerks  of  the  several  district  courts  of  the  United  States 
shall  prepare  and  keep  in  their  respective  offices  complete  and  convenient 
indexes  of  all  petitions  and  discharges  in  bankruptcy  heretofore  or  hereafter 
filed  in  the  said  courts,  and  shall,  when  requested  so  to  do,  issue  certificates 
of  search  certifying  as  to  whether  or  not  any  such  petitions  or  discharges 
have  been  filed ;  and  said  clerks  shall  be  entitled  to  receive  for  such  certifi- 
cates the  same  fees  as  now  allowed  by  law  for  certificates  as  to  judgments 


594  THE  BANKRUPTCY  ACT  OF  1898. 

in  said  courts:  Provided,  That  said  bankruptcy  indexes  and  dockets,  shall 
at  all  times  be  open  to  inspection  and  examination  by  all  persons  or  corpo- 
rations without  any  fee  or  charge  therefor. 

§72. 

That  neither  the  referee,  receiver,  marshal,  nor  trustee  shall  in  any  form  or 
guise  receive,  nor  shall  the  court  allow  him,  any  other  or  further  compensation 
for  his  services  than  that  expressly  authorized  and  prescribed  in  this  Act. 

THE  TI>EE  WHEN  THIS  ACT  SHALL  GO  INTO  EFFECT. 

The  original  act  of  1898  provided  as  follows. 

a  This  act  shall  go  into  full  force  and  effect  upon  its  passage :  Provided, 
hoivever.  That  no  petition  for  voluntary  bankruptcy  shall  be  filed  within  one 
month  of  the  passage  thereof,  and  no  petition  for  involuntary  bankruptcy 
shall  be  filed  within  four  months  of  the  passage  thereof. 

h  Proceedings  commenced  under  State  insolvency  laws  before  the  passage 
of  this  act  shall  not  be  affected  by  it. 

The  amendatory  act  of  1903  provides  as  follo'wa. 
§19. 

That  the  provisions  of  this  amendatory  act  shall  not  apply  to  bankruptcy 
cases  pending  when  this  act  takes  effect,  but  such  cases  shall  be  adjudicated 
and  disposed  of  conformably  to  the  provisions  of  the  said  act  of  July  first, 
eighteen  hundred  and  ninety-eight. 

The  amendatory  act  of  1910  provides  as  follo^ws. 

§14. 

That  the  provisions  of  this  amendatory  Act  shall  not  apply  to  hankruptcy 
cases  pending  when  this  Act  talces  effect,  hut  such  cases  shall  he  adjudicated 
and  disposed  of  conformably  to  the  provisions  of  said  Act  approved  July  first, 
eighteen  hundred  and  ninety-eight,  as  amended  hy  said  Act  approved  February 
fifth,  nineteen  hundred  and  three,  and  as  further  amended  by  said  Act  ap- 
proved June  fifteenth,  nineteen  hundred  and  six. 

Approved,  June  25,  1910. 


INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

[As  amended.] 


A. 

PAGE 

Abatement  of  bankruptcy  proceedings 565 

Absence  of  referee,  efifect  of 578 

Acceptance  of  composition  by  creditors,  when  necessary 566 

Accounts  by  clerks  in  bankruptcy  proceedings. 582 

of  insolvent  partnership  563 

trustees 578 

notice  to  creditors  of  filing  585 

A  cts  of  bankruptcy,  in  what  to  consist 562 

Additional  compensation  to  officers 560 

parlies  in  bankruptcy  proceedings 560 

property  of  bankrupt,  application  of ,589 

Adj  udication  of  property,  definition  of 557 

provisions  as  to 569 

on  default  of  pleadings ,569 

decree  to  be  filed  where  real  estate  is  situated 579 

Administration  of  oaths  and  affirmations 570 

Admission  of  insolvency,  effect  of 500 

Affidavits  for  arrest  of  bankrupt 565 

Affirmation,  when  taken  instead  of  oath 570 

wlio  may  take 570 

Allowance,  etc. ,  of  claims  against  bankrupts 560 

of  secured  creditor 584 

provision  as  to 584 

preferred  claims 584 

set-offs  and  counterclaims 592 

State,  county,  etc.,  debts . .   . .     585 

Amendments  to  act,  effect  of 594 

Amount  of  dividend  to  be  collected 590 

referee's  bond  581 

trustee's  bond 58 1 

Answer,  averments  in,  as  to  number  of  creditors  586 

in  bankruptcy  proceedings,  provisions  as  to 569 

Appeal,  bond  of  trustee  not  required  on 572 

in  bankruptcy  proceedings,  when  allowed , 572 

time  for  taking 572 

Appearance  of  creditors  after  filing  of  petition 586 

Appellate  courts,  definition  of 557 

jurisdiction  of 571 

Application  for  confirmation  of  composition,  filing,  etc.,  of 5GG 

discharge,  filing,  etc. ,  of 567 

of  additional  property  of  bankrupt 590 

Appointment  of  receivers  of  bankrupt  estates 560 

referees 575 

trustees 561,    578 

595 


596  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGE 

Apportionment  of  compensation  among  referees 577 

Appraisal  of  bankrupt's  property 593 

Appropriation  of  proceeds  of  insolvent  partnership  property 563 

Approval  by  court  of  compromise 573 

of  expenses  in  administering  bankrupt  estates , 588 

Arbitration  of  controversies 572 

Arrest  of  bankrupts 565 

Attendance  of  witnesses 570 

Attorney,  etc. ,  transfers  in  contemplation  of  insolvency  to 587 

general,  duties  of 583 

to  receive  statistical  information,  etc 582 

Averments  in  petition  as  to  number  of  creditors 586 

Avoidance  of  bankrupt's  acts  by  trustee 593 

B. 

Bail  of  bankrupt,  about  to  depart 565 

Banking  institutions  as  depositories  for  moneys,  etc 588 

Bankrupt,  death  or  insanity  of 565 

definition  of 557 

duties  of 564 

effect  of  discharge  on  co-debtors  of 503 

exemption  of,  under  State  law 564 

extradition  of 561 ,  566 

protection  and  detention  of 565 

suits  by  and  against 566 

trial,  etc. ,  of 560 

who  may  become 563 

estate,  allowance  of  claims  against 560 

collection  of 560 

proof,  etc. ,  of  claims  of 584 

Bankruptcy,  definition  of  commencement  of  558 

of  certain  members  of  a  partnership ....    563 

what  acts  to  constitute 562 

Banks  not  to  be  adjudged  bankrupt 563 

Bond  of  banking  institutions,  acting  as  depositories 588 

in  insolvency  proceedings . .    563 

of  referees 581 

on  release  of  bankrupt's  property 592 

suits  on,  when  to  be  brought  581 

Bond  by  trustees,  provisions  as  to 581 

not  required  on  appeal 572 

on  warrant  for  seizure  of  bankrupt's  property 592 

Books,  etc. ,  in  insolvency  proceedings 562 

Burden  of  proof  in  bankruptcy  proceedings 562 

C. 

Cash  surrender  value  of  policy,  payment  of 592 

Charge  of  bankrupt  estate 560,    563 

Certification  of  controversies  to  perfect  appeal,  etc 573 

facts,  constituting  contempt 577 

records,  kept  by  referees 577,  578 


INDEX  TO  BANKKUPTOY  ACT  OF  1898.  597 

PAGE 

Certified  copies  of  proceedings,  to  be  evidence,  etc 570 

Certiorari  in  bankruptcy  proceedings 572 

Children  of  bankrupts,  rights  of 5ft5 

Circuit  courts,  jurisdiction  of 571 

appellate  jurisdiction  of 571 

Claims  against  bankrupts,  allowance  of 560 

of  bankrupt  estates,  presentation,  etc.,  of  585 

proof  and  allowance  of 584 

of  secured  creditors 284 

subsequent  to  declaration  of  dividends 590 

time  for  presentation  of 585 

Clerks,  compensation  of,  etc 582,  593 

duties  of 582 

definition  of 557 

to  keep  indexes  of  bankruptcy  matters 593,  594 

may  order  reference C69 

Closing  bankrupt  estates 500 

Co-debtors  of  bankrupt 568 

Collection  of  bankrupt  estates 560 

fees  for  clerks 582 

moneys  bj'  trustees  578 

Commencement  of  proceedings,  definition  of 558 

Compensation  of  clerks 582,  593 

marshals 583 

officers 560 

referees.  .    577,  594 

stenographers  employed  by  referees 576 

trustees 579,  580,    594 

Composition,  confirmation  and  rejection  of 560 

Compromise  of  controversies  by  trustees 572 

notice  to  creditors  of 585 

Computation  of  time 594 

Computing  number  of  creditors 574 

time  for  filing  petition. ...    562 

Conceal,  definition  of 558 

of  property  by  bankrupt,  punishment  for 573 

Concurrent  jurisdiction  of  circuit  courts 571 

Confirmation  of  composition 560,  566 

Consent  for  selecting  arbitrators .572 

when  not  to  cause  dismissal  of  petition 586 

Consolidation  of  cases  in  bankruptcy 574 

Construction  of  court  powers 561 

words  and  phrases 557,  558,  559 

Contempt,  arrest  of  bankrupt  for 565 

manner  of  punishment  for 577 

summary  hearing  on 577 

before  referee,  what  to  constitute 577 

Contents  of  records  kept  by  referees 564 

schedules  of  property  584 

statement  in  proof  of  claim 583 

statistical  tables  furnished  by  Attorney-General 560 

Continuance  of  bankrupt's  business 572 

Controversies,  arbitration  of 572 

compromise  by  trustees  of 572 

in  law  and  equity,  iurisdiction  over 573 


598  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGE 

Consular  officers,  may  administer  oaths,  etc 570 

Conveyance  of  bankrupt's  property,  trustee  to  execute 593 

with  intent  to  defraud 563 

Corporations,  definition  of 557 

may  act  as  sureties  on  bonds 581 

when  to  be  adjudged  bankrupt . .  563 

bankrupt,  liability  of  stockholders 563 

may  act  as  trustees 578 

Costs  allowed  against  bankrupt  estate 588 

in  insolvency  proceedings 563 

of  administration 58!) 

preserving  estate 589 

taxation  of 561 

Counterclaims,  allowance  of 593 

Courts,  definition  of , . . .  558 

of  bankruptcy,  definition  of 558 

creation  of 560 

to  designate  newspapers,  etc 573 

may  call  meetings  of  creditors 583 

Credit  given  by  preferred  creditor 587 

Creditors,  definition  of 558 

meetings  of,  provisions  as  to 583 

notice  to,  when  given 585 

of  foreign  ':ankrupt 590 

related  to  bankrupts , 586 

when  may  file  petitions 586 

Custody  of  bankrupt  about  to  depart 565 


D. 

Damages  for  seizure,  etc. ,  in  bankruptcy , 563,  592 

Date  of  bankruptcy,  definition  of . .  558 

creditors'  meetings 583 

Death  of  bankrupt,  effect  of 565 

trustees,  effect  of 578 

Debts  allowed  against  estate  of  bankrupt 588 

definition  of 558 

created  by  fraud 568 

not  scheduled,  effect  of 568 

of  United  States,  etc. ,  allowance  of 585 

when  not  affected  by  discharge 568 

having  priority,  enumeration  of 589 

Declaration  of  dividends  on  claims 589 

Defense  to  bankruptcy  proceedings 562 

by  trustee  of  actions  against  bankrupts , 566 

Definitions 557,  558,  559 

Denial  of  insolvency  allegations,  effect  of 562 

Departure  of  bankrupt,  as  cause  for  detention 565 

Deposit  of  moneys  by  trustees 578 

Depositions,  determination  of  right  to  take 570 

Depositories  of  moneys  for  bankrupt  estates 588 

Designation  of  depositories  for  estates,  etc 588 

newspapers  for  publication  of  notices. , , , 573 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  599 

PAGE 

Detention  of  bankrupts 565 

Detcimiuation  of  issues  in  bankruptcy 569 

right  to  trial  by  jury 569,  570 

securities  held  by  creditors 58-4 

Diplomatic  officers  may  administer  oaths,  etc 570 

Disability  of  referees,  effect  of 578 

Disbursement  of  moneys  by  trustees 578 

Discharge  of  bankrupts,  provisions  as  to 568 

definition  of 558 

when  debts  not  affected  by 568 

to  release  bankrupt  from  debts 568 

refusal  or  revocation  of 568 

Dismissal  of  bankruptcy  proceedings 560 

of  petition,  provisions  as  to 586 

notice  to  creditors  of 585 

Disobedience  to  orders  of  referees,  effect  of 577 

Dissolution  of  liens  against  bankrupt's  property 590 

Distribution  of  bankrupt  estates 560 

consideration  of  composition 567 

unclaimed  dividends 590 

Dividend  to  creditors  of  foreign  bankrupt 590 

disposition  of  unclaimed 590 

not  affected  by  subsequent  claims 590 

payment  of,  by  trustees 579 

provisions  as  to  declaration  and  payment  of 589 

on  reconsidered  claims,  recovery  of 585 

Document,  definition  of 558 

Dower  right  of  bankrupt's  widow 565 

Duties  of  Attorney-General 583 

bankrupts. 564 

clerks  in  bankruptcy  proceedings 582 

creditors  at  meetings 583 

oflScers 575 

referees,  enumeration  of 576 

trustees 578 


Effect  of  certified  copies  of  proceedings  as  evidence 570 

confirmation  of  composition .......    567 

discharge  on  co-debtor's  of  bankrupt 568 

time  when  provisions  of  bankruptcy  act  to  go  into 594 

amendments  to  act 594 

Enforcing  provisions  of  bankruptcy  law 561 

Equity  suits,  process,  etc.,  in,  to  apply  to  bankruptcy  proceedings oro 

Evidence  of  certified  copies  of  proceedings 570 

debt  to  be  filed  with  proof  of  claim 584 

j  urisdiction,  what  to  constitute 571 

order  approving  bond  of  trustee,  effect  of 571 

preserved  by  referees 576 

Examination  of  bankrupt 560,  o65 

notice  of 585 

wife  of  bankrupt 570 


GOO  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGK 

Examination  of  bankrupt 

expenses  in  administering  bankrupt  estates 588' 

proof  of  claims  by  bankrupt 554. 

Execution  of  papers,  etc. ,  by  bankrupt 554 

Exemption  from  arrest  of  bankrupt  555. 

Exemptions  of  bankrupt,  determination  of 561 

under  State  laws ....    5^4 

Expenses  of  administering  bankrupt  estates 588 

insolvent  partnership,  how  paid 5(53 

recovering  property,  prior  debt 589 

Extortion,  punishment  for 573 

Extradition  of  bankrupt,  when  made 561,  566 

P. 

Failure  to  give  bond  by  trustee  or  referee 581 

prove  claim,  effect  of  584 

False  claims,  information  by  bankrupt  as  to 560 

punishment  for  presentation  of 573. 

oath,  punishment  for  making 573 

Farmers  not  to  be  adjudged  involuntary  bankrupts 563^ 

Fees,  priority  in  payment  of 589' 

in  bankruptcy  proceedings  577,  579,  582 

of  bankrupt  attending  examination,  etc 565 

Filing  findings  of  arbitrators 573 

notice  to  take  depositions 570 

petitions,  who  entitled  to 585 

proof  of  claim 584 

Final  meeting  of  creditors,  when  held  583 

Finding  of  arbitrators,  effect,  etc. ,  of . .  573 

etc. ,  of  referees 561 

Foreign  countries,  dividend  of  bankrupt  in 590' 

Forms  of  procedure,  Supreme  Court  to  prescribe 574 

Fraud,  debts  created  by,  not  affected  by  discharge 568 

in  obtaining  discharge,  effect  of 568 

to  vitiate  composition , 56T 


General  assignment,  etc. ,  effect  of ...  562 

reference,  when  ordered 569,  571 

Granting  of  discharge 56T 


Hearing  on  application  to  confirm  composition 56ff 

discharge,  provisions  as  to 667,  568 

bankrupt  to  attend 564 

on  filing  voluntary  petition 569' 

on  notice  to  creditors 585 

of  objections  to  allowance  of  claims 584 

Holiday,  definition  of  558 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  601 

I. 

PAGE 

Indexes  to  be  kept  by  clerks " 593,  59-4 

Indictment  for  offenses,  limitation  of  time,  as  to 574 

Infant's  claims,  time  for  presentation  of 585 

Information  to  be  given  by  bankrupt 564 

of  offenses,  limitation  of  time  for 574 

Insane  persons,  time  for  presentation  of  claims  of 585 

Insanity  of  bankrupt,  effect  of 565 

Insolvency  proceedings  under  State  laws  not  affected,  etc 594 

question  of.  when  tried  by  jury 569 

Insolvent  person,  definition  of 558 

Insurance  policies,  title  to 593 

Interest  in  patents,  etc. ,  to  vest  in  trustees 592 

Involuntary  petition,  jury  trial  on  filing  of 569 

J. 

Joining  creditors  after  filing  petition 586 

Joint  trustees,  bonds  of 581 

Judges,  definition  of  558 

duties  at  creditors'  meeting  583 

Judgments,  when  deemed  preference 587 

Jurisdiction  of  appellate  courts 571 

of  courts  of  bankruptcy 560 

evidence  of,  what  constitutes 570 

of  referees 575 

of  Supreme  Court.. 571 

over  insolvent  partners,  etc 563 

of  State  courts 571,  587 

of  United  States  courts 571,  587 

Jury  trials,  who  entitled  to 569 

L. 

Liabilities  not  affected  by  discharge 568 

Liability  of  trustees  on  bonds 581 

Liens  against  bankrupt's  property,  provisions  as  to 590,  591 

to  defraud  creditors,  validity  of 591 

through  legal  proceedings 591 

recorded,  not  affected  by  bankruptcy 591 

Limitation  of  actions  on  bonds 581 

against  trustees 566 

bankrupt's  examination 565 

indictment  for  offenses,  etc 573 

time  for  presentation  of  claims 585 

List  of  creditors,  when  filed •  586 

M. 

Manner  of  bankrupt's  extradition 566 

voting  at  creditors'  meeting 583 

Marshaling  assets  of  insolvent  partnership 563,  564 


602  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGE 

Marshals  of  bankrupt's  estates,  appointment  of 560 

compensation  of .  _  582 

Masculine  gender,  construction  of 559 

Meaning  of  words  and  phrases  557^  558,  559 

Meeting  of  creditors,  bankrupt  to  attend 564 

notice  of 5P5 

provisions  as  to , 553 

voters  at 583 

Minors,  unclaimed  dividends  of 590 

Misbehavior  on  hearing  before  referees 577 

N. 

Newspapers,  designation  of,  for  publication  of  notices 573 

Notices  to  creditors,  when  given 585 

Notice  to  creditors,  by  referees , 585 

publication  of 585 

designation  of  newspapers  for  publication  of 573 

of  taking  depositions 570 

on  failure  of  personal  service  of  petition 569 

Number  of  creditors  T/ho  may  file  petition  , 585,  586 

of  referees 575 


Oath,  definition  of 558 

of  office  of  referees • 575 

who  may  administer 570 

Objections  to  allowance  of  claim 584 

Offenses,  concurrent  jurisdiction  of  circuit  courts  over 571 

enumeration  and  punishment  of 573 

Offer  of  composition,  when  made ,566 

Officers  authorized  to  administer  oaths,  etc 570 

definition  of 558 

in  bankruptcy,  duties,  etc. ,  of 576,  578,  582 

of  the  United  States,  not  to  act  as  referees 575 

Orders  approving  bond  of  trustee,  as  evidence,  etc 571 

confirming,  etc.,  composition 566 

of  court,  bankrupt  to  comply  with 564 

as  to  procedure.  Supreme  Court  to  prescribe 574 

transferring  cases  in  bankruptcy  574 

P. 

Partners,  when  to  be  adjudged  bankrupt 5o3 

Payment  in  contemplation  of  insolvency,  validity  of 587 

of  dividends  on  claims  589 

notice  to  creditors  of 585 

of  taxes,  priority  of 589 

of  unclaimed  dividends 590 

Pendency  of  petition,  notice  to  creditors  of 586 

Persons,  definition  of 558 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  603 

PAGE 

Petition,  definition  of 558 

to  be  filed  in  duplicate 5S6 

■who  may  file,  etc 585 

against  insolvent  persons,  filing  of 503 

Place  of  creditors'  meetings 583 

Pleadings  in  bankruptcy  proceedings 509 

Plural  number,  construction  of  559 

Possesion  of  bankriipt's  property 592 

\v liat  deemed 580 

Preferred  claims,  allowance  of 584 

creditors  giving  further  credit  587 

provisions  as  to 586 

Presentation  of  claims,  time  for 585,  587 

false  claims,  punishment  for  . 573 

Procedure  in  courts  of  bankruptcy 569 

Process  in  bankruptcy  proceedings 509 

Production  of  documents  before  referees 577 

Proof  of  claim,  in  insolvent  partnerships 564 

of  what  to  consist 584 

solvency,  burden  of 562 

Property  of  bankrupt 560 

Prosecution  of  actions  by  trustees 566 

want  of,  not  to  cause  dismissal,  etc 586 

Protection  of  bankrupts 565 

Publication  of  notices,  to  creditors 585 

provisions  as  to 569 

designation  of  newspapers  for 573 

Punishment  of  bankrupts 560 

for  contempt,  manner  of 577 

for  offenses,  period  and  enumeration  573 

Q. 

Qualifications  of  referees 575 

trustees 578 

Question  of  insolvency,  when  tried  by  jury 569 


Real  estate,  adjudication  to  be  filed  where  situated 579 

Receiver,  application  for,  as  act  of  bankruptcy 562 

appointment  of,  as  act  of  bankruptcy 502 

of  bankrupt  estates,  appointment  of 500 

Reconsideration  of  allowed  claims 5S.") 

Records  of  referees,  contents  of  577 

duties  as  to 577 

Recovery  of  dividends  on  reconsidered  claims 585 

property  given  to  attorneys,  etc 587 

transferred  with  intent  of  preference 586,  587 

expenses  of 589 

Re-examination  of  transfers  to  attorneys,  etc 587 

Referees,  absence  or  disability  of 578 

administration  of  oaths  by 570 


604  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGE 

Referees 

appointment,  etc.,  of 577,  575 

bonds  of 581 

compeusatiou  of , 594 

contempts,  before 577 

definition  of 553 

duties  of 576 

at  creditors'  meeting 583 

interested  in  bankrupt's  estate 576 

jurisdiction  of 575 

notice  to  creditors  by 576,  585 

number  of 575 

oath  of  office  by 575 

offenses,  punishment  of 573,  577 

payment  of  fees  to 577 

not  to  practice  as  attorneys,  etc 576 

qualifications  of 575 

records,  contents,  etc. ,  of 577 

not  to  be  related  to  judges,  etc 575 

residence  of  575 

Reference  of  cases,  after  adjudication 569 

when  may  be  rendered 569 

Refusal  of  discharge  in  bankruptcy 568 

Regularity  of  proceedings,  evidence  of 571 

Rejection  of  composition 560,  567 

Removal  of  referees 575 

trustees 578 

Reports  of  expenses  in  administering  bankrupt's  estates 588 

by  trustees 579 

Request  for  call  of  creditors'  meeting 583 

Residence,  etc.,  of  persons  adjudged  bankrupt 56o 

referees 575 

Return  of  petition  569 

Revesting  of  title  in  bankrupt 593 

Revocation  of  discharge  of  bankrupt  568 

Right  to  j  ury  trial,  determination  of 570 

Rules  of  procedure.  Supreme  Court  to  prescribe 574 


B. 

Sale  of  bankrupt's  property 593 

notice  of 585 

Schedule  of  bankrupt's  property ; . . .  564 

duty  of  referee  as  to 576 

Secured  creditors,  definition  of 558 

Securities  held  by  creditors,  determination  of 584 

Seizure  of  bankrupt  property  under  warrant 593 

Selection  of  arbitrators  in  controversies 573 

Service  of  notice  to  take  depositions 570 

petition  for  involuntary  bankruptcy 569 

Set-offs,  when  allowed 592 

of  credit  given  by  preferred  creditors 587 

Singular  number,  construction  of 559 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  G05 

PAGE 

Special  reference,  when  ordered 57l 

State,  definition  of 558 

court,  arrest  under  order  of  565 

jurisdiction  of 571 

debts,  payment  of 585 

law,  insolvency  proceedings  under 594 

exemptions  under 564 

Statement  of  administration  by  trustees 579 

in  proof  of  claim,  contents  of 584 

Statistics  of  bankruptcy  proceedings  by  officers,  etc 582 

Statistical  tables  furnished  by  Attorney-General  582 

Stay  of  action  by  or  against  bankrupts 566 

Stenographers  employed  by  referees  576 

Stockholders  of  bankrupt  corporation,  liability  of 563 

Submission  of  controversies  for  arbitration 572 

Subpoena  to  be  served  with  petition 569 

Subrogation  of  trustee  to  rights  of  lienor 590 

Suits  by  and  against  bankrupts 566 

trustees 566,    571 

on  referee's  bond 581 

on  trustee's  bond 581 

Summary  hearing  for  contempts 577 

Summoning  of  special  jury 570 

Supreme  Court,  jurisdiction  of 571 

to  prescribe  rules  of  procedure 574 

Sureties  on  referee's  or  trustee's  bonds 581 

corporations  may  act  as 581 

number  of 581 

Surplus  of  insolvent  partnership,  application  of 564 

T. 

Taxation  of  costs 561 

Taxes  not  to  be  affected  by  discharge  of  bankrupt 568 

priority  in  payment  of 589 

Terms  of  referee's  office 575 

in  declaring  dividends 589 

Time  for  bringing  actions  on  bonds 581 

taking  appeals,  etc 572 

Time  of  bankruptcy,  definition  of 558 

computation  of 574 

of  creditors'  meetings . .  583 

of  declaration  of  dividends 589 

for  filing  accounts  by  trustees 579 

Time  for  tiling  petition  in  insolvency  proceedings 502 

referee's  bond 581 

trustee's  bond 581 

making  reports  by  trustees 579 

giving  notice  to  creditors 585 

paying  dividends 579 

unclaimed  dividends 590 

to  plead 56^ 

for  presentation  of  claims 585 

provisions  of  bankruptcy  act  taking  eSFect 594 


GOG  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 


PAGE 

Time  for 

publication  of  notices  to  creditors , 585 

return  of  petition 5g9 

Title  to  banlvrupt's  property 592 

revesting  of 57Q 

evidence  of 57I 

Transfer,  definition  of 558 

in  contemplation  of  insolvency 587 

of  cases 561,  574 

from  referees 571 

to  be  executed  by  bankrupts 564 

when  deemed  preference 562,  586,  587 

voidable , 587 

Trial,  etc.,  of  bankrupts 560 

Trustees,  appointment  of 561 ,  578 

bonds  of 581 

compensation  of , 579,  580,  594 

compromise  of  controversies  of 573 

death  or  removal  of 578 

definition  of 559 

defense  by,  of  actions  against  bankrupts. . .     566 

duties  of,  enumerated 578 

offenses  by,  punishment  of , 573 

prosecution  of  bankrupt's  actions  by 566 

of  insolvent  partnership 563 

qualifications  of 578 

to  have  title  to  bankrupt  property 592 

validity  of  acts  of 579 

U. 

Umpire  in  arbitration  of  controversies 573 

Unclaimed  dividends,  disposition  of 590 

V. 

Vacanc)'  by  failure  to  give  bonds 581 

in  oftice  of  referees,  filing  of 578 

Validity  of  transfers,  etc.,  in  contemplation  of  insolvency 590,  591 

Value  of  sureties'  property 581 

Verification  of  pleadings 569 

Voidable  transfers  with  intent  of  preference 580.  587 

Void,  liens  to  defraud  creditors  to  be 591 

Voters  at  creditors'  meetings 583 

"W. 

"Wage-earner,  definition  of 559,  589 

not  to  be  adjudged  involuntary  bankrupt 563 

Wages,  priority  in  ]iayment  of 589 

"Waiver  of  jury  trial,  what  to  constitute 570 

"Warrant  for  seizure  of  bankrupt's  property 593 

on  departure  of  bankrupt 565 

"Widows  of  bankrupts,  rights  of 565 

Wife  of  bankrupt,  examination  of 570 

Writs  of  error,  wlien  allowcfl   ,...,....  572 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

SOUTHERN   DISTRICT   OF   NEW   YORK. 


I. 

PETITIONS. 


Petitions  should  state  where  the  debtor  has  resided,  including  the  street  and 
number,  if  any,  and  also  where  his  principal  place  of  business,  if  any,  has  been 
during  the  preceding  six  months,  or  the  greater  part  thereof,  and  the  schedules,  as 
respects  creditors  in  the  City  of  New  York,  should  state  the  street  and  number 
of  their  residence,  or  place  of  business,  so  far  as  known.  Petitions  by  one  or  more 
of  several  copartners  should  state,  in  case  a  discharge  from  copartnership  debts  is 
desired,  whether  there  are  firm  assets,  and,  if  there  are,  the  petition  should  further 
state  whether  the  firm  and  any  other  partners  not  joining  in  the  petition  are 
solvent  or  insolvent,  and,  if  insolvent,  the  place  of  residence  and  whereabouts  of 
such  other  partners,  so  far  as  known,  or  ascertainable,  in  order  that  they  may  be 
brought  in  as  parties  in  case  they  refuse  to  join  in  the  petition.  Petitions,  schedules 
and  other  papers  filed  shall  be  upon  law  cap,  not  more  than  nine  inches  wide  by 
fourteen  inches  long.     [See,  Weidenfeld  v.  Tillinghast,  18  Am.  B.  R.  531.] 


II. 

SERVICE  OF  SUBPOENA— PUBLICATION. 

Involuntary  proceedings,  if  personal  service  of  the  subpoena  cannot  be  made  by 
a  delivery  of  a  copy  thereof  to  the  debtor  or  to  some  adult  person  who  is  a  member 
or  resident  in  the  debtor's  family  at  his  dwelling  house  or  usual  place  of  abode 
within  the  district,  and  if  the  debtor  shall  not  file  an  appearance  within  five  days 
after  the  return  day  of  the  subpcena,  the  Court,  on  proof  by  affidavit  of  the  fore- 
going facts,  and  of  the  whereabouts  of  the  debtor,  will  make  an  order  directing 
such  debtor  to  appear,  plead,  answer,  or  demur  by  a  day  certain  to  be  designated 
therein,  pursuant  to  Section  738  of  the  United  States  Revised  Statutes,  which  order 
shall  be  served  upon  such  absent  debtor,  if  practicable,  wherever  found,  or  if  per- 
sonal service  of  such  order  upon  such  absent  debtor  is  not  practicable,  such  order 
shall  be  published  once  a  week  for  six  consecutive  weeks  as  the  Court  may  direct; 
and  upon  proof  of  such  service  or  publication  of  said  order  and  of  compliance  with 
the  terms  thereof,  proceedings  shall  be  had  as  upon  personal  service  of  the  debtor 
within  the  district. 

Upon  the  petition  of  one  or  more  of  several  copartners,  where  some  other 
member  or  members  of  the  firm  refuse  to  join  in  the  petition,  the  like  proceedings, 
if  there  are  firm  assets,  must  be  had  to  bring  in  the  other  copartners. 

607 


608         RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

m. 

DEPOSIT. 

Petitioners  who  have  made  no  deposit  with  the  Clerk  for  the  services  of  oflScers 
should  be  examined  by  or  under  the  direction  of  the  Referee,  on  their  appearance 
before  him,  as  regards  their  means;  and  if  the  Referee  is  not  satisfied  of  the  bank- 
rupt's inability  to  make  the  deposit,  a  report  thereof  should  be  made  to  the  Judge. 

IV. 

LACHES. 

In  case  of  unreasonable  delay  in  the  bankruptcy  proceedings,  after  an  injunction 
or  stay  of  any  other  proceeding  has  been  granted,  application  may  be  made  on  any 
motion  day  in  bankruptcy,  on  four  days'  notice,  to  dissolve  the  stay,  though  the 
time  limited  in  the  order  granting  the  stay  has  not  expired. 

V. 

TRIAL. 

In  involuntary  cases  where  an  answer  is  interposed  denying  insolvency  or  acts 
of  bankruptcy,  the  issues  may  be  brought  to  trial  on  any  Monday  at  10.30  a.  m., 
on  eight  days'  prior  notice  of  trial  by  either  party.  Demurrers  may  be  brought 
to  a  hearing  on  any  Monday  at  10.30  a.  m.,  on  four  days'  notice.  A  note  of  issue 
must  be  filed  with  the  Clerk  two  days  before  the  hearing  or  trial. 

VI. 

MOTIONS. 

Until  further  ordered,  bankruptcy  motions  will  be  heard  on  Mondays  at  10:30 
A.  M.,  on  four  days'  notice.  A  motion  calendar  will  be  made  up  by  the  Clerk  from 
notes  of  issue  to  be  filed  three  days  previous. 

VII. 

PUBLICATION. 

Notices  for  the  first  meeting  of  creditors  shall  be  published  once  only,  unless 
otherwise  ordered. 

VIII. 

NEWSPAPERS. 

The  following  newspapers  are  designated,  in  pursuance  of  Sec.  28  of  the  act, 
lor  publication  of  notices  and  orders: 

In  New  York  County —  "  The  New  York  Times." 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.         609 

In   Westchester   County. ."  Yonkers    Statesman." 

In  Putnam  County — "  The  Putnam  County  Republican." 

In  Dutchess  County — "  The  Poughkeepsie   Daily  Eagle." 

In  Columbia  County — "  The  Columbia  Republican." 

In  Greene  County — "  The  Catskill  Mail." 

In  Sullivan  County — [none  designated]. 

In  Ulster  County — "  The  Kingston  Daily  Freeman." 

In  Orange  County — "  The  Newburgh  Journal." 

In  Rockland  County — "  The  Nyack  Evening  Journal." 


IX. 

DEPOSITORIES. 

The  following  banking  institutions  are  hereby  designated  as  depositories  for 
money  of  bankrupt  estates: 

In  New  York  County — The  Citizens'  Central  National  Bank  of  the  City  of  New 
York  and  The  Manhattan  Trust  Company,  and  The  Trust  Company  of  America 
and  The  Bankers  Trust  Company  of  New  York,  The  Carnegie  Trust  Company,  The 
New  York  Trust  Company,  The  American  Exchange  National  Bank,  The  Seaboard 
National  Bank. 

In  Westchester  County — The  Westchester  Trust  Company,  The  Mount  Vernon 
Trust  Company,  The  Mutual  Trust  Company  of  Westchester  County. 

In  Columbia  County — The  National  Hudson  River  Bank  of  Hudson. 

In  Greene  County — The  Catskill  National  Bank. 

In  Sullivan  County — [none  designated]. 

In  Putnam  County — The  Putnam  County  National  Bank. 

In  Dutchess  County — The  Poughkeepsie  National  Bank. 

In  Ulster  County — The  First  National  Bank  of  Rondout. 

In  Orange  County — The  Quassaick  National  Bank. 

In  Rockland  County — The  Nyack  National  Bank. 


X. 

WARRANTS   AND    CHECKS. 

The  Referee  before  whom  a  case  is  pending  is  designated  as  the  one  to  counter- 
sign all  warrants  and  checks  for  the  withdrawal  of  money  from  the  depository 
under  Rule  29  of  the  General  Orders,  unless  otherwise  specially  ordered  by  the 
Judge. 

XI. 

DISCHARGE   AND   COMPOSITIONS. 

Applications  for  the  discharge  of  the  bankrupt,  or  for  confirmation  of  a  com- 
position, duly  verified,  should  be  filed  in  the  first  instance  with  the  Referee  in 
charge,  who  will  thereupon  fix  a  day  for  the  hearing  before  the  Judge,  which  may 
be  upon  any  Monday  at  10.30  a.  m.,  and  give  the  requisite  notices  thereof  to  all 
creditors  or  other  persons  interested,  and  thereafter  transmit  to  the  Clerk  of  the 
Court  three  days  prior  to  the  return  day,  due  proof  of  the  service  of  such  notices 
together  with  the  petition  for  discharge  or  composition  and  a  certificate  or  report 
of  the  Referee  as  to  the  fact  whether  the  bankrupt  has  in  all  things  conformed 
to  the  requirements  of  the  act  and  has  committed  none  of  the  offenses  and  done  none 


610         RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

of  the  acts  prohibited,  in  Subdivision  b  of  Section  14,  and  whether  the  bankrupt, 
in  the  opinion  of  the  Referee,  is  entitled  to  his  discharge.  On  the  return  day,  the 
default  of  all  creditors  not  appearing  in  opposition  to  the  discharge  or  composition 
shall  be  entered.  Upon  due  fling  of  written  specifications  of  the  grounds  of  oppo- 
sition to  the  discharge  or  composition,  the  same  shall  be  referred  to  the  Referee  in 
charge  to  take  the  proofs  and  testimony  offered  by  the  parties,  and  to  ascertain 
and  report  the  facts.  The  hearing  thereon  before  the  Referee  may  be  brought  on 
any  party  on  four  days'  notice  thereof  to  the  attorney  of  the  other  parties.  [See, 
In  re  Pincus,  17  Am.  B.  R.  331.] 


XII. 
OPPOSING    DISCHAEGE— EXAMINATION— EXCEPTIONS. 

On  the  return  day  of  the  application  for  discharge  or  composition  the  default  of 
all  creditors  not  appearing  in  opposition  thereto  shall  be  entered.  If  there  is  no 
appearance  in  opposition  the  bankrupt,  if  he  appears  to  be  entitled  thereto,  shall 
be  forthwith  discharged,  or  the  composition  allowed.  If  any  appearance  in  oppo- 
sition is  filed  the  bankrupt,  who  must  be  personally  present,  may  be  examined 
instanter,  if  desired  by  the  parties  appearing,  and  specifications  in  opposition  to  the 
discharge  must  be  verified,  and  filed  in  the  Clerk's  office,  as  required,  within  ten 
days  after  after  the  said  return  day,  and  a  copy  thereof  shall  be  served  upon  the 
bankrupt's  attorneys  within  the  same  time,  and  the  further  hearing  on  the  dis- 
charge shall  stand  adjourned  two  weeks  from  the  return  day  at  the  same  hour. 

On  such  adjourned  day  any  exceptions  to  the  relevancy  or  suflBciency  of  the 
specifications  in  opposition  to  the  discharge  may  be  brought  to  a  hearing  on  two 
days'  written  notice  to  the  opposing  attorneys,  which  notice  shall  also  state  the 
particular  grounds  of  the  exceptions  thereto.  If  the  specifications  are  not  excepted 
to,  or  if  upon  exception  they  are  sustained,  the  same  shall  be  referred  to  the  Referee 
in  charge  to  take  the  proofs  and  testimony  offered  by  the  parties,  and  to  ascertain 
and  report  the  facts.  The  hearing  thereon  before  the  Referee  may  be  brought  on 
by  either  party  on  four  days'  notice  thereof  to  the  attorney  of  the  other.  After  the 
filing  of  the  Referee's  report  thereon  the  further  hearing  before  the  Judge  may  be 
had  on  any  Monday  at  10.30  a.  m.  on  four  days'  written  notice  to  the  parties  who 
have  appeared. 


XIII. 
FEES  OF  REFEREE  AND  TRUSTEE. 

Where  there  are  no  assets  and  no  trustee  has  been  appointed,  and  no  application 
for  a  trustee  is  pending,  after  a  meeting  of  creditors  duly  called,  the  case  shall  be 
deemed  closed  for  the  purpose  of  the  payment  by  the  Clerk  to  the  Referee  of  the 
deposit  for  his  services,  when  a  discharge  has  been  granted  or  refused  to  the  bank- 
rupt, or  when  three  months  have  elapsed  after  the  first  meeting  of  creditors  without 
any  application  by  the  bankrupt  for  his  discharge. 

Where  a  trustee  has  been  appointed  the  case  shall  be  deemed  closed,  and  the 
deposit  for  his  services  paid  to  him  on  the  confirmation  of  a  composition,  or  on 
approval  of  the  trustee's  final  account,  and  payment  of  the  final  dividend,  or  upon 
the  trustee's  verified  report  that  no  assets  have  come  into  his  hands  or  were  dis- 
coverable. When  the  case  is  closed,  if  no  trustee  has  been  appointed,  the  deposit 
for  trustee's  services  shall  be  paid  by  the  Clerk  to  the  petitioner's  attorney. 


KULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.         Gil 

XIV. 

CASE  CLOSED— STAY  VACATED. 

If  no  meeting  of  creditors  has  been  held,  the  case  shall  be  deemed  closed  at  the 
expiration  of  one  year  from  the  date  of  adjudication,  and  any  stay  granted  thereon 
shall  therefore  be  deemed  vacated  unless  otherwise  ordered  by  the  Court. 

XV. 

INDEMNITY  ACCOUNT. 

The  referee's  certificate  that  the  case  is  closed  should  be  accompanied  by  an 
itemized  statement  of  the  sums  deposited  with  him  as  indemnity,  and  of  the  items 
of  charges  against  the  same,  with  the  dates  thereof,  and  of  the  balance  remaining, 
if  any;  and  upon  the  receipt  of  such  statement,  together  with  a  certificate  that  the 
case  is  closed,  the  deposit  shall  be  paid  over  by  the  Clerk. 


XVI. 
FEES  ON  SPECIAL  REFERENCES. 

On  references  of  specifications  in  opposition  to  discharge,  or  other  special 
references  not  within  the  ordinary  duties  of  referees,  they  shall  be  entitled  to  |5.00 
a  day,  for  each  day  actually  spent  in  the  hearings  and  preparation  of  report,  and 
the  referees  in  such  cases  will  be  designated  as  "  Special  Masters  "  pursuant  to 
United  States  Equity  Rule  82.  In  a  difficult  or  extraordinary  case  a  higher  rate 
of  compensation  may  be  paid  if  allowed  by  the  Judge. 

Dated  April  10,  1905. 

XVII. 

NOTICES  TO  CREDITORS. 

All  notices  mailed  by  referees  to  creditors,  shall  have  printed  upon  the  envelope 
enclosing  the  notice,  the  name  and  address  of  the  referee,  with  direction  to  return 
the  same  to  him,  if  the  person  addressed  is  not  found  within  ten  days.  Returned 
notices  or  a  list  thereof  shall  be  preserved  and  reported  as  required. 


XVIII. 

Referees'  drafts  or  orders  upon  the  Trustee  for  the  payment  of  money  to  them- 
selves, are  allowed  only  for  expenses  already  incurred,  and  shall  be  accompanied  by 
duplicate  vouchers  to  the  Trustee  stating  the  items  of  the  expenses,  payment  of 
which  is  called  for;  and  one  of  such  vouchers  shall  upon  payment  be  forthwith 
filed  by  the  Trustee  in  the  Clerk's  office. 


XIX. 

The  referee's   monthly  accounts   of  "  incidental  expenses  "  must  include   all 
charges  made  and  collected  pursuant  to  the  "  schedule  "  heretofore  authorized. 

A  case  will  not  be  deemed  closed  until  any  balance  or  indemnity  deposit  remain- 
ing with  the  referee  has  been  returned  to  the  party  who  deposited  it,  or  to  his 


613         RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

attorney,  and  a  voucher  therefor  returned  with  the  referee's  report  of  the  case,  or 
its  absence  explained.  Any  such  balances  still  remaining  with  the  referees  in  casos 
heretofore  closed  must  be  returned  as  above  required,  and  a  report  thereon  is 
ordered  to  be  filed  by  the  referees  in  the  Clerk's  office  on  or  before  August  1st,  1901. 


XX. 

If  the  first  meeting  of  creditors  is  not  called,  and  the  examination  of  the  bank- 
rupt at  such  meeting  begun,  carried  on,  and  completed  before  the  petition  for  dis- 
charge is  filed,  the  referee  is  directed  to  certify  such  facts  to  the  court,  and  there- 
upon, upon  notice  to  the  bankrupt,  an  application  to  dismiss  the  petition  for  dis- 
charge may  be  made. 

XXI. 

If  the  hearing  before  the  referee  on  specifications  of  objection  to  discharge  or 
composition  is  not  begun  within  one  month  after  the  specifications  of  the  objection 
are  referred  to  the  referee,  or  if,  after  the  hearing  is  begun,  there  is  unreasonable 
delay  by  the  bankrupt  in  carrying  on  and  completing  such  hearing,  the  referee  is 
directed  to  certify  such  facts  to  the  court;  and  thereupon,  upon  notice  to  the  bank- 
rupt, an  application  to  dismiss  the  petition  for  discharge  may  be  made. 


XXII. 

In  all  proceedings  in  bankruptcy  where  claim  is  made  to  property  in  the  posses- 
sion of  the  bankrupt,  the  property  may  be  delivered  to  the  claimant  by  order  of  the 
bankruptcy  court,  upon  the  claimant  giving  a  bond,  with  sufficient  sureties,  to 
abide  by  all  orders  and  decrees,  interlocutory  or  final,  of  the  court,  and  pay  the 
amount  awarded  by  the  final  order  or  decree  rendered  in  the  court  where  the  claim 
is  made  or  in  any  appellate  court.  Before  the  property  is  delivered  the  claimant 
shall  present  to  the  court  a  bond  in  which  the  sureties  shall  stipulate  to  abide  by  all 
orders  of  the  court,  interlocutory  or  final,  and  to  pay  the  amount  awarded  by  the 
final  decree  rendered  by  the  bankruptcy  court  or  by  any  appellate  court,  if  an 
appeal  intervene,  with  interest,  and  that  a  decree  or  judgment  be  entered  sum- 
marily against  them  as  provided  in  Rule  XXIIl.;  and  upon  such  decree  or  judg- 
ment being  entered,  summary  process  of  execution  shall  be  issued  against  the 
principal  and  sureties,  by  the  court  in  which  the  claim  is  presented,  to  enforce  the 
final  order  or  decree  so  rendered,  or  upon  appeal  by  the  appellate  court. 


XXIIl. 

Where  proceedings  on  a  final  order  or  decree,  made  in  proceedings  for  the  claim 
or  return  of  property  in  the  possession  of  the  bankrupt  by  the  claimant  to  the 
property,  shall  not  be  stayed  by  appeal  duly  perfected  by  security,  or  order  therefor, 
and  the  decree  shall  not  be  fulfilled  or  satisfied  in  ten  days  after  notice  to  the  party 
or  the  attorney  of  the  party  against  whom  it  shall  be  rendered,  it  shall  be  of  course 
to  enter  an  order  or  decree  that  the  sureties  of  such  party  cause  the  engagement  of 
their  stipulation  and  the  condition  of  their  bond  to  be  performed,  or  show  cause  in 
four  days  why  execution  should  not  issue  against  them,  their  lands,  goods,  and 
chattels  according  to  their  stipulation;  and  if  no  cause  be  then  shown,  due  service 
having  been  made  on  the  party  or  the  attorney  of  the  party,  a  summary  decree  or 
judgment  shall  be  rendered  against  them  on  their  bond  and  execution  issue;   but 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.         613 

the  same  may  be  discharged  on  the  performance  of  the  decree  or  judgment  and 
payment  of  all  costs. 

XXIV. 

In  all  cases  where  a  bond  is  taken  for  the  delivery  of  property  upon  claim 
therefor  being  made,  if  either  of  the  sureties  shall  become  insolvent  pending  the 
proceeding,  a  new  surety  may  be  required  by  order  of  the  court  to  be  given  upon 
motion  and  due  proof  thereof. 


XXV. 

A  petition  for  review  of  a  referee's  order  must  be  filed  with  the  referee  within 
ten  days  after  the  order  is  made,  unless  such  time  is  extended  by  the  referee. 


XXVI. 

An  oflScial  auctioneer  shall  be  designated  by  this  court,  who  may  be  removed  by 
it  at  any  time.  Such  auctioneer  shall  provide  an  adequate  warehouse  and  shall 
receive  and  store  in  such  warehouse,  and  insure,  if  requested,  movable  property  of 
bankrupt  estates,  without  charge  for  storage  if  sold  at  auction  by  him.  Such 
auctioneer  shall  give  a  bond  to  the  United  States,  to  be  approved  by  this  court,  with 
sureties  or  a  surety  company,  in  the  sum  of  $50,000,  conditioned  for  the  faithful  and 
prompt  accounting  for  all  moneys  and  property  which  may  come  into  his  posses- 
sion as  such  auctioneer,  for  compliance  with  all  rules,  orders,  and  decrees  of  this 
Court,  and  for  the  faithful  performance  of  the  duties  of  his  office  in  all  respects. 
[See  In  re  Benjamin,  14  Am.  B.  R.  481,  affg.  13  Am.  B.  R.  18.] 


XXVII. 

Sales  of  the  property  of  bankrupt  estates  in  New  York  City  shall  be  by  public 
auction  by  the  official  auctioneer,  unless  otherwise  specially  ordered.  Notice  of 
auction  sales  shall  be  given  to  all  known  creditors  by  mail  and  by  advertisement  in 
The  New  York  Times,  if  the  sale  is  in  the  City  of  New  York,  and  in  the  newspapers 
designated  in  Rule  VIII.  if  the  sale  is  without  the  City  of  New  York.  Such  notice 
shall  be  sent  and  published  five  days  before  the  sale  in  cases  of  sale  by  receivers, 
and  ten  days  before  the  sale  in  cases  of  sales  by  trustees,  unless  a  shorter  notice  is 
specially  ordered.  Sales  in  New  York  City  shall  also  be  advertised  in  The  New 
York  Times  on  the  morning  of  the  sale.  The  receiver  or  trustee  conducting  the 
sale  may  cause  such  further  advertising  or  notice  to  be  given  as  he  may  deem 
desirable. 

xxvm. 

At  least  two  days  before  a  sale  a  conspicuous  notice  of  such  sale  shall  be  placed 
on  the  front  of  the  premises  where  the  sale  is  to  take  place,  and  the  property  placed 
on  exhibition  there.  When  the  property  sold  consists  of  goods  which  are  usually 
sold  in  lots,  the  goods  shall  be  lotted,  the  lots  numbered,  a  catalogue  prepared, 
printed  ond  delivered  to  all  persons  requesting  it  at  least  two  days  before  the  sale. 

XXIX. 

The  receiver  or  trustee  may  direct  that  the  goods  be  sold  first  in  bulk  and 


Cli         RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

then  in  lots,  the  highest  aggregate  amount  being  accepted,  or  in  any  other  manner, 
in  his  discretion.  If  the  sale  is  not  a  simple  auction  sale,  the  method  to  be 
adopted  and  any  other  terms  of  sale  shall  be  printed  on  the  catalogue  and 
announced  by  the  auctioneer  before  the  sale.  The  auctioneer  shall  also  announce 
before  each  sale  and  the  catalogue  shall  contain  a  statement  that  no  sale  will  be 
completed  without  the  special  order  of  the  court,  unless  the  sale  realizes  seventy- 
five  per  cent,  or  more  of  the  appraised  value  of  the  goods  sold.  Any  goods  re- 
plevined  or  reclaimed,  or  for  any  cause  withdrawn  from  the  sale  shall  be  set  apart 
and  conspicuously  marked,  "  Withdrawn  from  sale,"  and  such  fact  announced  by 
the  auctioneer  before  the  sale. 


XXX. 

The  auctioneer  forthwith,  upon  the  completion  of  the  sale,  shall  deliver  to  the 
receiver  or  trustee  a  report  of  the  sale  and  his  bill  for  his  services  and  disburse- 
ments, duly  itemized,  and  shall  pay  over  the  proceeds  of  the  sale  as  soon  as  they  are 
collected  from  the  purchasers. 


XXXI. 

The  auctioneer  shall  be  allowed  a  reasonable  charge  for  the  storage  of  goods 
if  not  sold  by  him,  and  his  reasonable  disbursements  for  necessary  labor,  catalogu- 
ing, printing,  insurance,  and  all  other  actual  and  necessary  disbursements.  He  shall 
also  ba  allowed  the  following  commissions  upon  the  proceeds  of  sales  made  by  him: 
Four  per  cent,  on  the  first  five  thousand  dollars  or  any  part  thereof;  two  per  cent, 
on  the  next  ten  thousand  dollars  or  any  part  thereof,  and  one  per  cent,  on  any 
additional  amount.     No  other  compensation  shall  be  allowed. 


XXXII. 

Any  person  interested  in  any  estate  who  is  dissatisfied  with  any  charge  made 
by  the  auctioneer  may  have  the  same  taxed  before  the  referee  in  charge  of  the  case, 
if  appointed,  and  if  none  is  appointed,  before  the  clerk  of  the  court,  upon  two  hours' 
notice  to  the  auctioneer. 


XXXIII. 

Any  oflBcial  of  this  court  making  any  charge  for  any  services  shall,  upon  the 
request  of  any  interested  party,  deliver  to  him  a  statement  in  writing  of  such 
charge,  properly  itemized,  and  the  amount  of  such  charge  may  thereupon  be  taxed 
by  the  clerk,  upon  a  notice  of  two  hours  if  the  officer  has  an  office  in  the  City  of 
New  York,  and  twenty-fours  hours  if  he  has  an  office  outside  of  the  City  of  New 
York. 


Pursuant  to  the  above  rules,  Charles  Shongood,  of  113  Leonard  Street,  has 
been  appointed  official  auctioneer  of  this  court,  and  has  duly  given  a  bond  for 
$50,000,  which  has  been  duly  approved  and  filed  in  the  office  of  the  clerk  of  the 
court. 

New  York,  November  12,  1904. 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.         G15 

XXXIV. 

Receivers  and  trustees  in  bankruptcy  are  directed  not  to  retain  as  their 
attorney  or  counsel  the  attorney  or  counsel  of  the  bankrupt,  of  the  petitioning 
creditor,  of  the  person  applying  for  the  appointment  of  a  receiver  or  of  any  creditor, 
and  trustees  are  also  directed  not  to  retain  as  their  attorney  or  counsel  any  attorney 
who  has  obtained  proxies  and  voted  upon  the  election  of  such  trustee,  or  who  is  an 
attorney  for  persons  holding  such  proxies,  unless  a  special  order  authorizing  such 
retainer  is  obtained. 

Dated  New  York,  Dec.  8,  1905. 

XXXV. 

The  referees  are  directed  to  exercise,  in  cases  under  their  charge,  an  active 
supervision  over  trustees  in  order  to  prevent  delay  in  the  settlement  of  estates.  The 
provisions  of  section  47  of  the  Bankrupt  Act,  requiring  that  trustees  make  reports 
every  two  months,  and  of  section  65,  requiring  dividends  to  be  paid  within  thirty 
days  after  adjudication,  if  there  is  sufficient  money  applicable  thereto  to  pay  a 
dividend  of  5  per  cent.,  and  thereafter  whenever  there  is  sufficient  money  to  pay  a 
dividend  of  10  per  cent.,  should  be  strictly  enforced.  If  any  trustee,  after  due 
notice  from  the  referee,  neglects  to  make  such  reports,  or  to  pay  such  dividends,  or 
unreasonably  delays,  in  any  respect,  the  prompt  settlement  of  the  estate,  the  referee 
in  charge  is  directed  to  make  a  certificate  of  the  facts,  and  upon  it  to  issue  an 
order,  returnable  before  the  judge  on  any  motion  day,  requiring  the  trustee  to 
show  cause  why  he  should  not  be  removed.  Referees  are  directed  to  make  a 
report  to  the  court  in  the  months  of  April  and  October  in  each  year  of  all  unsettled 
cases  which  have  been  pending  before  them  more  than  fifteen  months.  Such 
reports  should  contain  the  title  and  number  of  the  case,  the  date  when  it  was 
referred,  and  a  concise  statement  showing  what  substantial  proceedings  have  been 
had  in  the  case,  and  why  it  has  not  been  closed. 
Dated  New  York,  Jan.  9,  1906. 

XXXVI. 

Each  referee  is  required  to  make  up  a  calendar  of  cases  pending  before  him  in 
which  oral  evidence  is  to  be  taken.  Such  calendar  shall  be  called  and  cases  set 
down  for  trial  in  accordance  with  the  practice  of  this  Court  in  causes  triable  with- 
out a  jury  and  without  adjournment  except  for  legal  cause  shown.  All  evidence  of- 
fered before  referees  shall  be  taken  stenographically  and  the  notes  thereof  pre- 
served, but  not  transcribed  unless  ordered  by  the  referee  for  his  own  use  or  at  the 
request  of  some  party  in  interest.  If  the  referee  desires  such  transcript  for  his  own 
use  it  shall  be  furnished  at  the  cost  of  the  petitioner  or  moving  party  and  shall  be 
paid  for  before  the  final  submission  of  the  case.  Referees  shall  make  and  file  their 
decision  in  all  calendar  cases  within  one  month  after  their  final  submission,  unless 
such  time  be  extended  by  order  of  a  judge  of  this  Court,  and  shall  forthwith  give 
written  notice  of  such  filing  to  all  the  parties  in  interest  or  their  attorneys  who 
have  appeared  before  them. 

Dated  New  York,  Dec.  11,  1906. 

XXXVII. 

Account  books,  documents  and  papers  of  every  description,  constituting  part  of 
a  bankrupt's  estate,  which  have  been  deposited  for  storage  with  the  official 
auctioneer  by  any  receiver,  trustee,  bankrupt,  or  other  person  shall  be  removed  from 
such  storage  within  one  month  after  the  case  is  closed,  and  within  one  year  after 
such  deposit  in  all  cases,  whether  the  case  is  closed  or  not.     If  this  rule  is  not 


616         RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

complied  with  the  auctioneer  may  sell  the  same  at  public  auction,  after  mailing 
reasonable  written  notice  of  the  time  and  place  of  such  sale  to  the  receiver  or 
trustee  or  his  attorney  if  the  case  has  not  been  closed,  or  to  the  bankrupt  or  his 
attorney  if  the  case  has  been  closed.  The  auctioneer,  upon  approval  of  the  court, 
may  appropriate  so  much  of  the  proceeds  of  said  sale  as  may  be  reasonably 
necessary  to  pay  him  a  just  recompense  for  the  storage  charges  on  such  account 
books  and  papers.  All  other  property  belonging  to  a  bankrupt's  estate  left  on 
storage  with  the  official  auctioneer  more  than  one  year  shall  be  liable  after  such 
year  to  reasonable  storage  charges,  and  if  such  storage  charges  are  not  paid  upon 
demand  the  auctioneer  may  sell  such  property  after  sending  written  notice  by  mail 
to  the  receiver  or  trustee  of  the  time  and  place  of  such  sale,  and  after  due  advertise- 
ment as  provided  in  the  rules  of  this  court  tor  auction  sales,  and  shall  pay  into 
court  the  proceeds  in  excess  of  storage  charges,  to  wait  the  further  order  of 
the  court. 
Dated  March  19,  1908. 

ADDITIONAL  RULES  OF  THE  UNITED  STATES  DISTRICT  COURT  FOR 
THE  SOUTHERN  DISTRICT  OF  NEW  YORK,  AS  AMENDED  DEC.  24, 
1908. 

Terms  of  this  court  for  the  trial  of  actions  at  law  and  suits  in  equity  will  be 
held  on  the  first  Wednesday  after  the  first  Monday  of  February,  April,  June, 
October  and  December  in  each  year.  Fourteen  days'  notice  of  trial  is  required 
in  all  cases.  Notes  of  issue,  in  cases  to  be  tried  by  a  jury,  must  be  filed  four- 
teen days  before  trial,  and  in  other  cases  five  days  before  trial.  They  should 
state  the  title  of  the  case,  the  names  of  the  attorneys,  the  nature  of  the  action, 
the  date  of  issue,  and  whether  the  trial  is  to  be  by  a  jury. 

In  all  suits  in  equity  brought  by  Trustees  in  Bankruptcy  to  recover  money  or 
property  alleged  to  have  been  transferred  fraudulently  or  as  a  preference,  issues 
shall  be  tried  by  a  jury,  unless  otherwise  specially  ordered,  Such  issues  may  be 
specially  framed  by  the  parties.  If  not  so  framed  the  issue  shall  be  whether 
the  complainant  is  entitled  to  the  relief  demanded  in  the  bill  of  complaint. 

It  is  ordered  thaj^  the  following  additional  rules  in  bankruptcy  in  this  court  be, 
and  they  are,  hereby  adopted: 

XXXVIII. 

In  petitions  for  involuntary  bankruptcy,  or  in  an  affidavit  filed  with  such 
petitions,  the  probable  value  of  the  assets  of  the  alleged  bankrupt  shall  be  stated. 
In  all  cases  in  which  such  value  shall  amount  to  $1,000  or  more  an  order  appointing 
one  of  the  referees  in  bankruptcy  a  special  master  in  the  case  shall  be  stamped  on 
the  petition.  Thereupon  the  receiver,  if  one  is  appointed,  or,  if  no  receiver  is 
appointed,  the  attorney  for  the  petitioning  creditors,  shall  make  and  file  with  the 
designated  master  as  complete  a  list  of  the  names  and  addresses  of  the  creditors  as 
can  be  immediately  ascertained.  Such  list,  when  filed,  shall  be  at  all  times  open 
to  the  inspection  of  any  person.  The  master,  as  soon  as  such  list  is  filed,  shall 
call  a  meeting  of  the  alleged  bankrupt's  creditors  upon  five  days'  notice  sent  by 
mail  to  the  creditors  named  in  such  list.  At  such  creditors'  meeting  the  receiver,  if 
one  has  been  appointed,  shall  make  a  report  of  the  condition  of  the  estate,  and  the 
creditors  may  appoint  a  committee  or  take  such  action  in  the  case  as  they  see  fit. 
It  shall  be  the  duty  of  such  special  masters  to  actively  and  promptly  enforce  this 
rule. 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. .       617 


XXXIX. 

Receivers,  on  the  third  motion  day  after  their  appointment,  unless  sooner  dis- 
charged, shall  show  cause  before  this  court  why  the  receivership  should  not  be 
vacated,  upon  notice  to  all  creditors  whose  names  are  filed  with  the  special  master 
mentioned  in  Rule  XXXVIII.  The  clerk  shall  put  a  note  of  such  motion  on  the 
Motion  Calendar  when  the  receiver  is  appointed,  and  in  case  such  receiver  fails 
to  show  cause  the  clerk  shall  enter  an  order  vacating  the  receivership.  All  persons 
interested  may  appear  on  such  motion. 


XL. 

All  applications  before  referees  for  allowances  to  receivers,  trustees  or  attorneys 
shall  be  heard  on  notice  sent  by  mail  to  the  creditors  by  the  referee. 
April  19,  1910. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

EASTERN   DISTRICT   OF   NEW   YORK. 


Examine  schedules  and  require  them  to  conform  to  the  provisions  of  the  Rules 
of  the  United  States  Supreme  Court  and  the  Rules  of  this  Court. 


II. 

Notify  bankrupt  and  his  attorney  to  be  present  before  Referee  on  the  day  fixed 
by  the  Court  in  the  order  of  reference. 

III. 

The  day  and  hour  of  filing  shall  be  endorsed  on  each  paper  filed  with  Referee. 

IV. 

Fix  day  for  first  meeting  of  creditors. 


Publish  first  meeting  of  creditors  in  newspaper  designated  by  the  Court  in  the 
county  for  which  the  Referee  is  appointed.  Such  publication  to  be  made  once 
only,  unless  Otherwise  ordered  by  the  Court. 


VI. 

After  first  meeting  of  creditors  file  with  Clerk  of  the  Bankruptcy  Court  a  list 
of  the  claims  proved,  under  the  heading  of  Unsecured,  Secured,  and  Preferred,  with 
address  of  each  creditor. 

VII. 

File  with  Clerk  of  Bankruptcy  Court  the  appointment  of  the  Trustee,  signed  by 
all  persons  voting,  with  proof  of  publication  and  certificate  of  mailing  notices. 

VIII. 

Notify  Trustee  of  his  appointment  and  the  amount  of  the  bond  as  fixed  by  cred- 
itors or  Referee. 

618 


RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK.  G19 

IX. 

Referee  shall  enclose  to  Trustee  a  form  for  his  acceptance  of  the  trust. 


Referee  shall  file  with  the  Clerk  of  the  Bankruptcy  Court  notification  to  Trustee 
and  his  acceptance,  and  approve  bond  of  Trustee. 


XI. 

If  no  creditors  appear  at  first  meeting  and  no  claims  are  proved,  and  schedule 
discloses  no  assets,  Referee  shall  enter  order  that  no  Trustee  be  appointed  until 
further  order  of  the  Court. 

XII. 

If  no  creditors  appear  at  first  meeting,  but  proofs  of  claims  are  filed,  Referee 
shall  appoint  a  Trustee;  but  amount  of  bond  fixed  by  him  may  be  nominal  if 
schedules  disclose  no  assets. 

XIII. 

If  creditors  fail  to  appoint  a  Trustee  at  first  meeting,  Referee  shall  appoint 
Trustee  and  fix  the  bond  in  proportion  to  the  amount  of  assets  disclosed  in 
schedules. 

XIV. 

Referees  shall  appoint  appraisers  whenever  the  schedules  or  the  examination  of 
the  bankrupt  discloses  real  or  personal  property  of  a  kind  requiring  appraisal. 
Appraisers  should  be  persons  thoroughly  competent  to  appraise  the  property  of 
the  bankrupt. 

XV. 

On  the  coming  in  of  the  final  report  of  the  Trustee,  Referees  shall  declare  the 
amount  of  dividends  on  claims  proved  and  allowed,  and  deliver  to  the  Trustee 
dividend  sheets  showing  the  amount  to  be  paid  on  each  claim  allowed,  and  on  the 
distribution  of  all  assets  in  hands  of  Trustee,  enter  order  discharging  him  of  his 
trust. 

XVI. 

If  the  schedules  of  bankrupt  on  his  examination  disclose  no  assets,  or  the 
report  of  the  Trustee  shows  no  assets.  Referee  may  enter  order  discharging  Trustee 
of  his  trust. 

RULES  GOVERNING  TRUSTEES. 

XVII. 

The  attention  of  Trustees  is  specially  called  to  Rule  XVII  of  United  States 
Supreme  Court,  which  must  be  strictly  observed. 


620  RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK. 

GENERAL  RULES, 
xvin. 

Motion  days  in  Bankruptcy  will  be  on  Friday  of  each  week  at  3  p.  M. 


XIX. 

The  residence  and  post  office  address  of  the  bankrupt  must  be  given  in  his 
petition. 

XX. 

Where  an  involuntary  petition  is  filed  and  conforms  to  the  requirements  of  law, 
it  shall  be  the  duty  of  the  Clerk  to  enter  an  order  to  show  cause,  and  issue  a 
subpoena,  returnable  on  a  motion  day,  stating  the  time  and  place  when  the  debtor 
is  to  appear,  and  attach  to  the  subpoena  the  following  notice: 

"  NOTICE  TO  ALLEGED  BANKRUPT.  You  (and  each  of  you  is)  are  required 
to  plead  to  the  petition  in  the  above  matter  within  ten  days  after  the  return  day, 
or  within  such  further  time  as  the  court  may  allow,  failing  to  do  so  the  petition 
will  be  taken  pro  confesso." 

In  case  it  is  impossible  to  make  said  subpoena  returnable  on  a  motion  day 
within  the  fifteen  days  provided  by  section  18  of  the  act,  the  Clerk  shall  attach 
to  the  subpoena  the  following  notice: 

"  The  return  of  the  subpoena  is  made  on  the  day  of 

A.  D.  at  10.30  A.  M.,  for  the  following  cause:  that  the  return  be  made 

on  a  motion  day  of  this  court." 

XXI. 

All  proofs  of  claims  shall  be  endorsed  with  title  of  proceeding,  amount  of  claim, 
name  of  creditor  and  post  oflice  address,  and,  if  represented  by  agent  or  attorney, 
the  name  of  the  agent  or  attorney  and  his  post  office  address,  and  the  referee  shall 
endorse  thereon  "  Allowed,"  or  "  Disallowed." 


XXII. 

All  orders  for  examination  of  bankrupt  shall  be  signed  by  Referee  to  whom  pro- 
ceedings are  referred. 

XXIII. 

All  summons  for  attendance  of  witnesses  shall  be  signed  by  the  Clerk  of  Bank- 
ruptcy Court. 

XXIV. 

All  application  for  Receivers  or  Special  Warrants  to  Marshal  must  be  made  to 
the  Judge  of  the  Court. 

XXV. 

All  sales  of  real  or  personal  property  of  the  bankrupt,  or  redemption  of 
property  from  lien,  or  compounding  of  claims,  must  be  subject  to  the  approval  of 
the  judge  of  the  court  before  title  thereto  is  passed. 


RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK.  621 

XXVI. 

A  certificate  of  discharge  to  bankrupt,  on  his  petition  for  discharge,  will  not 
be  granted  until  referee  reports  that  the  bankrupt  has  conformed  to  all  the  require- 
ments of  the  Act  relating  to  Bankruptcy. 


XXVII. 

Amendments  to  schedules  will  be  allowed  by  Referees  on  application  of  the 
petitioner  stating  the  cause  of  the  error  in  the  original  on  file,  and  must  be  made 
in  triplicate  and  presented  to  the  Referee,  who  will  examine  the  same,  and,  if  in 
accordance  with  the  forms  and  rules  of  the  United  States  Supreme  Court,  file  the 
application  and  his  order  allowing  the  same,  together  with  one  of  the  amended 
schedules  with  the  Clerk  of  the  Court,  and  also  forward  to  the  Trustees  a  copy  of 
the  order  allowing  amendment  with  one  of  the  amended  schedules,  the  other 
amended  schedule  to  be  retained  by  him. 


xxvm. 

If  after  the  first  meeting  of  creditors  and  appointment  of  a  Trustee  or  Trustees, 
the  schedules  filed  by  the  bankrupt  should  be  amended  by  adding  thereto  the 
names  of  any  creditors  omitted  from  the  original  schedules  as  filed,  such  creditors 
shall  be  notified  that  such  first  meeting  of  creditors  has  been  held  and  Trustee 
or  Trustees  appointed,  and  upon  duly  filing  their  claims  with  the  Referee  and 
having  the  same  allowed  by  him,  they  will  be  entitled  to  notice  of  all  further 
proceedings  of  which  creditors  are  entitled  to  notice,  and  to  participation  in  any 
dividends  to  be  declared;  and  if  it  should  be  made  to  appear  to  the  Court  by  any 
of  the  creditors,  whose  names  have  been  added  to  the  schedules  by  the  amendment 
thereto  that  the  appointment  of  the  Trustee  has  been  made  in  violation  of  the 
right  of  the  creditors  omitted  from  the  original  schedules,  the  said  appointment 
shall  be  set  aside  and  another  meeting  of  creditors  called  for  the  appointment  of 
another  Trustee. 

XXIX. 

After  thirty  days  have  elapsed  from  the  date  of  the  order  of  reference  to  a 
Referee  of  an  adjudicated  petition  in  voluntary  bankruptcy,  and  no  proceedings 
have  been  taken  therein  by  the  bankrupt,  due  notice  having  been  giving  by  the 
Referee  to  the  bankrupt  and  his  attorney  (if  petitioner  is  represented  by  attor- 
ney) to  proceed  in  the  matter,  and  the  time  not  having  been  enlarged,  the  Referee 
shall  report  the  facts  to  the  Court  and  apply  for  an  order  to  show  cause,  to  be 
served  on  the  bankrupt  or  his  attorney,  why  the  order  of  adjudication  should  not 
be  vacated  and  the  petition  dismissed. 


XXX. 

The  amount  deposited  with  the  Referee  to  indemnify  him  for  disbursements 
shall  not  exceed  for  first  meeting  of  creditors,  $10,  where  the  number  of  creditors 
does  not  exceed  fifty,  and  for  every  creditor  beyond  fifty,  ten  cents  for  each  addi- 
tional creditor;  for  meeting  of  creditors  to  consider  composition,  $15;  and  for 
every  day  occupied  after  the  first  day  such  as  the  Referee  may  deem  necessary 
to  cover  the  disbursement,  not  exceeding  $10;  and  on  application  by  creditor  or 
creditors  for  examination  of  bankrupt  or  witness,  $5;  and  for  every  day  occvpied 


622  RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK. 

after  the  first  day,  $5  in  addition  thereto,  unless  a  greater  amount  is  specially 
ordered  by  the  Court. 

XXXI. 

The  amount  deposited  with  the  Clerk  of  the  Court  to  indemnify  him  for  dis- 
bursements shall  not  exceed  $5  on  application  for  discharge,  and  $5  on  application 
to  confirm  composition,  unless  specially  ordered  by  the  Court. 


XXXII. 

The  Trustee's  fee  of  five  dollars  deposited  with  the  Clerk,  shall  be  paid  to  the 
Trustee  upon  the  coming  in  of  the  Referee's  report,  that  the  Trustee  has  been  dis- 
charged from  his  trust.  In  case  no  Trustee  is  appointed,  as  provided  In  General 
Order  No.  XV,  the  Clerk  shall,  upon  the  report  of  the  Referee,  return  the  five  dollars 
deposited  for  fees  of  Trustee,  to  petitioner. 

On  the  coming  in  of  the  Referee's  final  report,  the  Clerk  shall  pay  to  the  Referee 
the  ten  dollars  deposited  as  his  fees.  When  there  are  no  assets,  the  case  shall 
be  deemed  closed  for  the  purpose  of  the  payment  of  said  fees  to  the  Referee  and 
Trustee,  when  a  discharge  has  been  granted  to  the  Trustee.  In  cases  where  there 
are  assets,  the  case  shall  be  deemed  closed  upon  the  confirmation  of  a  composition, 
or  the  payment  of  a  final  dividend. 

XXXIII. 

The  following  are  the  newspapers  designated  in  which  notices  required  by  the 
Act  of  Congress  relating  to  Bankruptcy  are  to  be  published: 
The  Brooklyn  Standard-Union  for  the  County  of  Kings. 
The  Daily  Star,  Long  Island  City,  for  the  County  of  Queens. 
The  South  Side  Signal  for  the  County  of  Suffolk. 
The  Staten  Islander  for  the  County  of  Richmond. 
The  South  Side  Observer  for  the  County  of  Nassau. 
The  Brooklyn  Daily  Eagle  for  the  County  of  Kings. 


XXXIV. 

The  following  are  the  Banking  Institutions  designated  as  depositories  for  the 
money  received  by  Trustees  of  bankrupt  estates. 

The  Franklin  Trust  Co.,  of  the  County  of  Kings. 

The  Hamilton  Trust  Co.,  of  the  County  of  Kings. 

The  Corn  Exchange  Bank,  Staten  Island,  County  of  Richmond. 

The  Corn  Exchange  Bank.  Long  Island  City,  County  of  Queens. 

The  People's  Trust  Co.,  County  of  Kings. 

The  Nassau  Trust  Co.,  County  of  Kings. 

The  Flatbush  Trust  Co.,  County  of  Kings. 


COMPOSITION. 

XXXV. 

When  a  debtor  is  desirous  of  making  an  offer  of  composition  to  his  creditors, 
the  petition  to  consider  the  same  must  be  filed  with  the  Clerk  of  the  Court,  and 
an  application  made  to  the  Court  for  an  order  of  reference  to  the  referee  to  whom 


RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK.  633 

the  matter  had  been  referred,  directing  a  meeting  of  the  petitioner's  creditors  on 
10  days'  notice  of  said  meeting,  by  mail,  to  all  the  creditors  mentioned  in  his 
schedule,  and  publication  of  said  notice,  once,  in  the  designated  newspaper. 


XXXVI. 

The  referee  to  whom  the  petition  for  composition  is  referred  shall,  after  final 
consideration  of  creditors,  report  the  proceedings  had  before  him,  with  proof  of 
mailing  notices  of  meeting,  and  the  names  and  addresses  of  creditors  objecting  to 
composition. 

XXXVII. 

On  the  coming  in  of  the  report  of  Referee  on  petition  for  composition,  an 
application  must  be  made  to  the  Court,  for  an  order  fixing  a  day  for  hearing  on  the 
order  to  confirm  the  composition. 

XXXVIII. 

If  any  names  of  creditors  objecting  to  the  composition  offered  appear  on  the 
report  of  the  Referee,  the  Clerk  of  the  Court  shall  send  notice  of  said  hearing,  by 
mail,  to  each  creditor  so  objecting,  and  make  proof  of  mailing. 


XXXIX. 

All  creditors  voting  for,  or  objecting  to,  a  resolution  or  offer  of  composition, 
must  prove  their  claims  and  have  the  same  allowed  before  their  vote  or  objection 
is  recorded. 

XL. 

In  all  cases  where  the  bond  required  to  be  given  by  a  Trustee,  appointed  by  the 
creditors  or  Referee,  is  not  greater  in  amount  than  two  hundred  dollars,  the 
reteree  to  whom  the  matter  is  referred  may  accept  the  individual  bond  of  the 
Trustee,  so  appointed. 

XLI. 

On  specifications  in  opposition  to  the  discharge  of  the  bankrupt  being  filed,  the 
matter  of  the  specifications  may  be  referred  to  a  special  commissioner,  to  take  the 
evidence  and  report  the  same  with  his  opinion  thereon  to  the  Court.  The  party 
filing  the  specifications  shall  deposit  with  the  person  to  whom  the  matter  is 
referred  an  amount  sufficient  to  cover  the  expense  of  taking  the  proofs  and  a  per 
diem  fee  of  five  dollars  for  each  hearing.  Should  an  adjournment  be  granted,  a 
per  diem  fee  of  three  dollars  shall  be  paid  by  the  party  requesting  the  adjourn- 
ment, provided  the  referee  or  commissioner  is  in  actual  attendance. 


XXII. 

A  bankrupt,  petitioning  for  his  discharge  in  voluntary  proceedings,  must  set 
forth  in  his  petition  that  he  has  not  been  granted  a  discharge  in  bankruptcy 
within  six  years. 


624  RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK. 


XLIII. 

On  the  presentation  of  a  petition  for  the  adjudication  of  a  bankrupt,  the  Clerk 
shall  enter  on  the  minutes  of  the  Court  the  name  of  the  attorney  presenting  the 
same,  and  note  the  proceedings  thereon;  and  the  Clerk  is  hereby  directed  to  attach 
the  seal  of  the  Court  when  required,  and  to  sign  the  order  of  adjudication,  the 
order  of  reference,  and  all  orders  of  publication  in  the  proceeding,  when  any  ot 
such  orders  shall  have  been  granted  by  the  Judge  or  Court,  and  such  orders  shall 
be  entered  thereupon. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

NORTHERN   DISTRICT   OF   NEW   YORK. 


SESSIONS   OF  DISTRICT  COITRT. 

Except  during  th-e  absence  or  inability  of  tlie  district  judge  the  district  court 
"W'ill  be  open  for  the  transaction  of  business  as  a  court  of  bankruptcy  at  the  United 
States  court  room,  in  the  city  of  Utica,  on  the  first  Tuesday  of  every  month,  and 
at  the  chambers  of  the  judge  in  Norwich,  N.  Y.,  on  tlie  tliird  Tuesday  of  every 
month,  at  10  o'clock  in  the  forenoon,  except  during  the  months  of  July  and  August, 
and  when  the  judge  is  holding  a  Term  elsewhere.  No  case  or  matter  in  bankruptcy 
will,  in  ordinary  circumstances,  be  taken  up  on  other  days.  In  case  of  the  non- 
attendance  of  the  judge  at  the  time  hereby  appointed,  or  at  any  other  time  which 
may  by  special  order  be  designated  for  any  special  session  of  the  court,  all  proceed- 
ings shall  be  continued,  as  of  course  and  without  prejudice,  to  the  next  session  of 
the  court.  The  district  court 'will  also  be  open  for  the  transaction  of  business  as  a 
court  of  bankruptcy  on  the  First  day  of  the  regular  terms  appointed  to  be  held  at 
Albany  on  the  second  Tuesday  in  February,  at  Syracuse  on  the  first  Tuesday  in 
April,  at  Binghamton  on  the  second  Tuesday  in  June,  at  Auburn  on  the  first 
Tuesday  in  October,  and  at  Utica  on  the  first  Tuesday  in  December. 


II. 

NOTICE  OF  MOTIONS  AND  OTHER  HEARINGS. 

Motions  must  be  noticed  and  orders  to  show  cause  must  be  made  returnable 
on  Tuesdays  and  at  the  times  and  places  indicated  in  the  preceding  rule.  If  noticed 
for  any  other  day,  except  by  leave  of  the  judge,  the  notice  will  be  treated  as  a 
nullity.  Notice  of  motion,  if  personally  served,  must  be  served  at  least  eight  days, 
and  if  served  by  mail  at  least  ten  days,  before  the  time  appointed  for  the  hearing. 
The  judge  or  referee  may,  upon  an  affidavit  showing  grounds  therefor,  make  an 
order  to  show  cause  why  the  relief  demanded  should  not  be  granted  and  in  the 
order  may  direct  that  service  of  less  than  eight  days  shall  be  sufficient.  When 
not  otherwise  specially  provided  for  by  law,  all  notices  of  other  hearings  and 
proceedings  in  bankruptcy  shall  conform  to  the  foregoing  provisions  as  to  notices 
of  motion. 

625 


'626        KULES  IN  NOKTHEKN  DISTRICT  OP"  NEW  YORK. 

III. 

PROCEEDINGS    IN    COUNTIES    WHERE    THERE    IS    NO     REFEREE    OR 

NEWSPAPER. 

In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county 
where  there  is  a  vacancy  in  the  ofHce  of  referee  or  where  the  referee  is  disqualified, 
absent,  sick  or  otherwise  unable  to  act,  tlie  reference  shall  be  made  to  the  referee 
who  is  most  conveniently  located  to  the  bankrupt's  residence.  In  ca&e  a  petition 
is  filed  bj^  or  against  a  bankrupt  who  resides  in  a  county  where  there  is  no 
designated  newspaper,  or  where  the  designated  newspaper  for  any  reason  refuses 
to  act,  the  notices  required  by  law  may  be  published  in  a  newspaper  named  by  the 
parties  in  interest  published  in  the  county  where  the  bankrupt  resides,  or  the 
major  part  of  his  property  is  situated. 

IV. 

FILING  PETITION.      DEPOSIT   OF   FEES. 

All  petitions  shall  be  filed  with  the  clerk  at  his  office  in  Utica.  At  the  time 
of  filing  a  petition  thirty  dollars  shall  be  paid  to  the  clerk  by  the  petitioner,  except 
in  cases  where  a  fee  is  not  required  by  a  voluntary  bankrupt;  being  ten  dollars 
for  the  clerk,  fifteen  dollars  for  the  referee  and  five  dollars  for  the  trustee.  In  case 
the  petition  is  dismissed  it  shall  be  the  duty  of  the  clerk  forthwith,  to  return  to 
the  petitioner  the  amount  deposited  for  the  fees  of  the  referee  and  trustee, 
respectively.  Voluntary  petitions  must  be  filed  in  triplicate  and  involuntary 
petitions  in  duplicate.  When  the  judge  is  absent  from  the  district  it  shall  be  the 
duty  of  the  clerk  to  enter  an  order  as  provided  in  form  No.  15,  reciting  the  absence 
of  the  judge,  and  referring  the  case  to  the  proper  referee.  "When  the  judge  is 
present,  a  court  order  shall  be  entered  as  provided  in  form  No.  14.  Fees  deposited 
by  the  petitioner  in  an  involuntary  case  must  be  returned  to  him  by  the  trustee  out 
of  the  estate  of  the  bankrupt  in  all  cases  where  property  sufficient  for  such  purpose 
comes  to  the  hands  of  the  trustee. 


PETITION  IN  FORMA  PAUPERIS. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  which  is  accom- 
panied by  an  affidavit  under  sub-division  2  of  Section  51  of  the  act,  it  shall  be  the 
duty  of  the  clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  for 
by  law.  If  the  clerk,  or  the  referee  to  whom  said  petition  is  referred,  has  reason  to 
believe  such  affidavit  is  false,  he  may  file  a  certificate  to  that  effect  and  cause  the 
bankrupt  to  be  examined.  If  upon  such  examination  the  referee  reports  in  writing 
that  the  statements  contained  in  such  affidavit  are  false,  and  that  the  bankrupt  has 
or  can  obtain  money  with  which  to  pay  said  fees,  such  report  shall  be  sufficient 
proof  upon  which  to  base  proceedings  under  subdivision  4  of  general  order  No, 
XXXV. 

VI. 

REFEREES   TO    FIX   TIME   AND    PLACE    OF   HEARINGS. 

The  clerk  shall  mail  a  copy  of  the  order  of  reference  to  the  referee,  and  there- 
after all  proceedings,  except  such  as  are  required  by  the  act,  or  by  the  general 


RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK.         627 

orders,  to  be  had  before  the  judge  shall  be  had  before  the  referee,  who  shall  fix  the 
time  when  and  the  place  where  he  will  act  upon  the  matters  arising  in  the  case; 
except  that  all  meetings  of  creditors  must  be  held  in  the  county  of  the  bankrupt 
either  at  the  county  seat  or  at  a  place  more  convenient  for  the  parties  in  interest. 
If  the  referee  cannot  attend  on  the  day  named  in  the  order  of  reference  he  may 
name  a  subsequent  day  within  ten  days  thereafter,  and  give  the  bankrupt  timely 
notice  of  the  change;  but  the  day  first  named  shall  be  the  day  from  which  the 
bankrupt  shall  be  subject  to  the  orders  of  the  court  as  provided  in  general  order 
No.  XII. 

If  the  place  named  in  the  order  of  reference  be  manifestly  inconvenient  as  a 
place  of  meeting  for  the  parties  in  interest,  the  referee  may  fix  a  more  convenient 
place  and  give  the  bankrupt  timely  notice  of  the  change. 


vn. 

INVOLUNTARY  PETITION.   NOTICE  TO  DEBTOR.   REFERENCE  ON 

DEFAULT. 

Where  an  involuntary  petition  is  filed  in  conformity  with  law  it  shall  be  the 
duty  of  the  clerk  to  enter  an  order  to  show  cause  and  issue  a  subpoena,  as  provided 
in  forms  No.  4,  and  No.  5  respectively,  stating  the  time  and  place  when  the  debtor 
is  to  appear.     There  shall  be  endorsed  upon  the  subpoena  the  following: 

"  Notice  to  defendant.  It  is  not  necessary  for  you  to  appear  on  the  return  day 
of  this  subpoena.  You  may  appear  and  plead  to  the  petition  at  any  time  within 
five  days  after  said  return  day." 

In  case  no  pleadings  are  filed  by  the  bankrupt  or  any  of  his  creditors  the  judge, 
or,  in  his  absence,  the  clerk,  will  enter  the  proper  order  without  further  appearance 
or  motion  on  the  part  of  the  petitioner. 


VIII. 

PLEADINGS  IN  INVOLUNTARY  CASES.     TRIAL  BY  JURY. 

Prior  to  the  denial  of  bankruptcy  as  provided  in  form  No.  6,  the  pleadings  in 
involuntary  cases  on  the  part  of  the  alleged  bankrupt,  or  any  of  his  creditors  who 
oppose  the  adjudication,  shall  conform  as  nearly  as  nlay  be  to  the  pleadings  of 
the  defendant  in  an  equity  action  in  the  circuit  court  of  the  United  States. 

In  case  a  jury  trial  is  demanded,  as  provided  by  Section  19  of  the  act,  the 
clerk  shall  enter  an  order  as  provided  in  form  No.  7,  and  the  issue  may  be  noticed 
for  trial  at  any  of  the  regular  terms  of  the  district  court  and  shall  proceed  in 
all  respects  like  the  trial  of  any  action  at  common  law,  except  that  the  court  may 
frame  and  send. to  the  jury  special  questions  presenting  the  issues  to  be  tried. 
Upon  the  coming  in  of  the  verdict  the  judge  may,  in  accordance  therewith,  make 
an  adjudication  either  that  the  debtor  is  or  is  not  a  bankrupt.  In  case  a  jury 
trial  is  not  demanded  the  judge  may  determine  the  issues  presented  by  the 
pleadings  or  he  may  refer  the  same,  or  any  specified  issue,  to  a  Special  Master  to 
ascertain  and  report  the  facts  and  he  shall  report  the  evidence  with  findings  of 
fact  and  conclusions  of  law  separately  stated. 

Except  in  jury  trials  causes  cannot  be  noticed  for  proof  and  witnesses  cannot 
be  called  and  sworn  in  open  court  without  the  previous  special  allowance  of  the 
judge,  on  adequate  cause  shown. 


628         RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

IX. 

DISMISSAL    OF    PETITION    FOR    WANT    OF    PROSECUTION. 

Where  a  motion  is  made  prior  to  adjudication  to  dismiss  a  petition  for  lack 
of  prosecution  or  upon  consent,  notice  must  be  given  to  the  creditors  who  have  ap- 
peared either  as  petitioners  or  in  opposition  to  the  petition.  As  to  other  creditors 
whose  names  do  not  appear  on  the  record  a  proclamation  made  in  open  court  upon 
the  return  day  of  the  motion  calling  upon  them  to  appear  and  show  cause  why  the 
petition  should  not  be  dismissed  shall  be  deemed  a  sufficient  notice. 


DISCHARGE    AND    COMPOSITION.      PETITION    AND    REPORT    OF 

REFEREE. 

The  petition  for  a  discharge  or  for  a  confirmation  of  a  composition  must  be 
duly  verified  and  be  filed  with  the  clerk.  The  petition  for  a  discharge  must  con- 
form to  the  provisions  of  general  order  No.  XXXI.  and  of  form  No.  57.  There  must 
also  be  presented  at  some  time  before  the  final  discharge  is  granted  a  report  or 
certificate  of  the  referee  that  the  bankrupt  has  in  all  things  conformed  to  the  re- 
quirements of  the  act,  that  he  has  committed  none  of  the  offenses  and  done  none 
of  the  acts  prohibited  in  sub-division  &  of  Section  14  of  the  act,  and  that  he  is,  in 
the  opinion  of  the  referee,  entitled  to  his  discharge. 

Proof  of  mailing  and  publication,  as  provided  in  the  next  succeeding  rule,  shall 
be  sent  by  the  referee  to  the  clerk,  at  Utica,  N.  Y.,  at  least  two  days  prior  to  the 
hearing,  and  the  clerk  shall  present  the  same  to  the  court  at  the  hearing. 


XI. 

DISCHARGE    ORDER    TO    SHOW    CAUSE.       OPPOSITION    OF    CREDITORS. 

The  order  to  show  cause  why  a  discharge  should  not  be  granted  or  a  composi- 
tion confirmed  may  be  entered  by  the  clerk  or  the  deputy  clerk.  It  must  state  the 
time  and  place  of  the  hearing  and  direct  that  the  referee  give  notice  as  provided  in 
Section  58  of  the  act  to  all  known  creditors  and  other  persons  in  interest.  The 
notice  must  be  mailed  and  published  once,  at  least  ten  days  prior  to  said  hearing. 
Proof  of  mailing  and  publication  must  be  presented  on  the  return  day  of  the  order. 
If  no  creditor  or  other  party  in  interest  appears  and  opposes,  the  discharge  shall 
be  granted.  In  case  a  creditor  or  other  party  in  interest  desires  to  oppose  the 
granting  of  the  discharge  he  shall  appear  on  'the  return  day  and  file  a  verified 
specification  of  the  grounds  of  his  opposition,  as  provided  in  general  order  No. 
XXXII.  The  issue  thus  joined  may  be  referred  to  the  referee  to  ascertain  and 
report  the  facts  with  his  conclusions  thereon.  Either  party  may  except  to  said 
report  and  the  exceptions  may  be  heard  by  the  judge  on  any  court  day  upon  the 
usual  notice. 

The  petitioner  may,  within  five  days  from  the  service  of  a  copy  of  the  order  of 
reference,  and  on  giving  at  least  eight  days'  notice  personally  or  by  mail  to  the 
objecting  creditor,  move  the  court  or  judge  at  term  or  in  chambers  to  have  the 
specifications  of  objections  to  the  discharge  or  the  confirmation  of  the  composition 
made  more  certain  and  definite. or  within  such  time  may  demur  thereto  or  move 
their  dismissal;  in  default  whereof  such  specifications  shall  be  deemed  sufficient  to 
present  the  questions  suggested  thereby.  Such  notice  of  motion  or  demurrer  shall 
also  specify  the  grounds  of  objection. 


RULES  IN  NORTHEKN  DISTRICT  OF  NEW  YORK.         G29 

XII. 

PLEADINGS    WRITTEN    ON    LEGAL    CAP    AND    ENDORSED. 

All  petitions,  schedules  and  pleadings  shall  be  written,  typewritten,  or  printed 
upon  white  paper  of  the  size  of  legal  cap — approximately  thirteen  inches  long  by 
eight  inches  wide.  All  pleadings  must  be  properly  indorsed  with  the  name  of  the 
court,  the  title  of  the  cause,  and,  if  the  parties  appear  by  an  attorney,  his  name 
and  office  address.  If  the  attorney  resides  in  a  city,  the  street  and  number  must  be 
given. 

XIII. 

NOTICES  AND  HOW  SERVED. 

All  notices  required  to  be  given  under  Section  58  of  the  act  shall,  in  case  the 
referee  so  directs,  be  given  by  the  bankrupt  or  his  attorney  in  voluntary  cases  and 
by  the  petitioner  or  his  attorney  in  involuntary  cases,  and  when  so  given  the  person 
giving  the  notice  shall  make  return  to  the  referee  in  the  form  of  an  affidavit  with 
the  notice,  or  a  copy  thereof,  annexed,  showing  due  mailing  or  publication  of  said 
notice  as  required  by  law.  The  affidavits  of  mailing  and  of  publication  may  be 
sworn  to  or  affirmed  before  any  officer  authorized  to  administer  oaths  under  Section 
20  of  the  act.  Notice  to  creditors  of  meetings  subsequent  to  the  first,  in  cases  where 
there  are  undivided  assets,  shall  be  the  same  as  the  notice  provided  for  the  first 
meeting  in  Section  58  of  the  act.  In  cases  where  there  are  no  assets,  the  referee 
may,  in  his  discretion,  dispense  with  the  publication  of  such  notice.  The  original 
notice  shall  be  signed  by  the  referee.  It  shall  be  printed  upon  or  inclosed  within 
a  sealed  post-paid  wrapper  in  such  a  manner  that  the  address  and  postmark  shall, 
if  possible,  be  on  the  same  paper  as  the  notice,  or,  in  the  discretion  of  the  referee, 
said  notice  may  be  printed  upon  a  postal  card  or  other  card.  It  is  not  intended 
by  this  rule  to  prohibit  the  use  of  "  official  envelopes." 


XIV. 

SALES  OF  BANKRUPT'S  PROPERTY. 

The  sales  of  the  bankrupt's  property  authorized  by  the  act  and  general  order 
No.  XVIII,  shall  be  under  the  direction  of  the  referee.  Public  sales  shall  be  upon 
the  notice  required  by  Section  58  of  the  act  and  the  act  of  Congress  approved 
March  3,  1893  {Vol.  27  United  States  Statutes  at  Large,  page  751),  and  such 
additional  notice  as  the  referee  may  direct. 


XV. 

LIST    OF    CLAIMS    AND   ACCOUNTS    TRANSMITTED    TO    CLERK. 

General  order  No.  XXIV.  shall  not  be  construed  to  require  the  referee  to 
transmit  to  the  clerk  a  separate  statement  of  each  proof  of  debt,  but  only  that  he 
shall  transmit  a  list  of  the  claims  proved  after  he  has  reason  to  believe  that  all  the 
claims  have  been  proved  against  the  estate  that  will  be  presented. 

General  order  No.  XXVI.  shall  not  be  construed  to  require  the  referee  to 
transmit  to  the  clerk  a  separate  account  of  each  case  which  may  be  referred  to  him, 
but  only  a  statement  of  his  disbursements  in  all  cases  and  for  all  causes  since  his 
last  monthly  return. 


630         KULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

XVI. 

CLERK  TO  TRANSMIT  PAPERS  TO  THE  REFEREE. 

The  clerk  shall  transmit  all  proofs  of  claims,  and  other  papers  filed  with  him 
under  general  order  No.  XX,.  subsequent  to  the  reference,  to  the  referee,  except 
such  papers  which,  by  the  terms  of  said  general  order,  are  required  to  be  filed  with 
the  clerk  alone. 

XVII. 

FILING  OF  RETURNS,  REPORTS,  ADJUDICATIONS,  BONDS,  ETC. 

All  returns  and  reports  from  referees  or  other  officers  of  the  court  shall  be 
directed  to  the  clerk  of  the  court  at  Utica,  N.  Y.,  and  all  returns  and  reports  which 
by  law  or  the  general  orders  are  required  to  be  made  to  the  judge,  shall  be  directed 
to  him  in  care  of  the  clerk  at  Utica,  N.  Y. 

It  shall  be  the  duty  of  the  referee  to  transmit  to  the  clerk  forthwith  all 
adjudications  made  during  the  absence  of  the  judge,  and  all  bonds  of  trustees  and 
the  orders  approving  the  same  within  five  days  of  the  approval  thereof.  The 
referee  shall  retain  in  his  possession  the  papers  and  records  until  said  case  is  finally 
closed.  He  shall  then,  within  five  days,  transmit  his  record  book  and  all  papers  in 
the  case  to  the  clerk,  together  with  a  certificate  specifying  that  the  case  is  closed. 

XVIII. 

FEES    OF    CLERK,    REFEREE   AND  TRUSTEE,   WHEN    PAID. 

The  trustee's  fee  of  five  dollars  deposited  with  the  clerk  shall  be  paid  to  the 
trustee  upon  the  certificate  of  the  referee  that  the  services  of  the  trustee  have  been 
actually  rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such  com- 
missions as  may  be  allowed  by  the  referee  under  Section  48  of  the  act  as  amended 
upon  the  order  of  the  referee  at  the  time  the  dividend  is  made.  The  referee  shall  be 
paid  his  commissions  at  the  same  time.  In  case  no  trustee  is  appointed,  as  provided 
in  general  order  No.  XV.,  the  clerk  shall,  upon  the  certificate  of  the  referee,  return 
the  five  dollar  deposit  to  the  petitioner. 

The  clerk  shall  pay  to  the  referee  the  fifteen  dollars  deposited  as  fees  of  the 
referee  upon  receiving  the  latter's  certificate  that  the  case  has  been  closed  and  that 
his  services  have  been  rendered.  Where  there  are  no  assets  the  case  shall 
be  deemed  closed  for  the  purpose  of  the  payment  of  said  fees  to  the  referee  and 
trustee  when  a  discharge  has  been  granted  or  refused  to  the  bankrupt.  If  no 
application  for  a  discharge  has  been  made  the  case  shall  be  deemed  closed  at  the 
expiration  of  two  months  from  the  date  of  the  adjudication.  In  cases  where  there 
are  assets  the  case  shall  be  deemed  closed  upon  the  confirmation  of  a  composition 
or  the  payment  of  the  final  dividend. 

XIX. 

MONEY  DRAWN  BY   COUNTERSIGNED   CHECKS. 

When  money  is  deposited  in  the  name  of  the  clerk  of  the  court,  or  of  a  trustee, 
it  shall  not  be  drawn  unless  by  check  signed  by  said  clerk  or  trustee,  having  on  its 
face  the  number  and  title  of  the  cause  and  countersigned  by  the  referee  in  charge. 
All  checks  must  conform  to  this  rule  and  also  to  the  requirements  of  general  order- 
No.  XXIX.  The  clerk  shall  furnish  to  the  depositories  a  copy  of  said  general  order 
and  also  a  copy  of  this  rule. 


KULES  IN  NUKTHEK:>  i>i«TlUCT  OF  NEW  YOKK.         G31 


BEFEREES   TO    DIRECT    PROSECUTION    AND    DEFENSE   OF   SUITS    AND 

AMENDMENTS. 

The  referee  may  direct  the  prosecution  and  the  defense  of  suits  by  the  trustee 
as  provided  in  sub-divisions  c  and  d  of  Section  11  of  the  act.  He  may  allow 
amendments  to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects 
in  all  matters  pending  before  him  and  he  shall,  in  the  first  instance,  have  full  power 
and  authority  over  the  proof  and  allowance  of  claims  as  provided  by  Section  57  of 
the  act  and  general  order  No.  XXI.  When  a  petition  referred  to  a  referee  is 
insufficient  upon  its  face  to  confer  jurisdiction  he  shall  return  the  same  to  the 
clerk  with  a  statement  of  the  defects  noted  thereon,  and  no  further  proceedings 
shall  be  had  thereon  until  a  new  or  amended  petition  remedying  such  defects  is  filed 
with  the  clerk. 

The  referee  may,  upon  his  own  motion,  direct  that  the  schedules  be  made  more 
definite  and  certain  by  requiring  the  street  and  number  to  be  given  where  a  creditor 
resides  in  a  city,  and  the  referee  may  direct  that  the  bankrupt  furnish  any  other 
information  regarding  his  property  or  his  creditors  which  the  referee  may  deem 
essential. 


XXI. 


REFEREES    TO    GRANT    STAYS. 

When  a  motion  for  an  injunction  is  pending  or  is  about  to  be  made  the  referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise,  grant 
a  temporary  restraining  order  staying  proceedings  until  the  hearing  and  decision 
of  said  motion.  In  case  all  parties  in  interest  agree  that  said  motion  be  heard  by 
the  referee  in  charge,  they  may  file  with  the  referee  a  written  stipulation  to  that 
effect.  The  decision  of  the  referee  on  such  motion  shall  be  filed  with  the  clerk,  and 
if  the  referee  decides  that  an  injunction  shall  issue,  an  order  to  that  effect  may  be 
made  by  the  judge. 


XXII. 


REFEREES  MAY  PASS  UPON  RELEVANCY  OF  TESTIMONY  AND  CON- 
FINE  EXAMINATIONS  WITHIN  REASONABLE  LIMITS. 

Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evidence 
in  matters  properly  before  them  for  investigation,  and  shall  have  all  the  powers 
of  the  judge  comcerning  the  admission  or  rejection  thereof,  and  shall  note  on 
the  record  all  objections,  the  rulings  thereon  and  the  exceptions  which  may  be 
taken;  and  in  cases  where  testimony  is  excluded  they  shall  note  a  brief  statement 
by  the  party  offering  the  same  of  the  facts  he  expects  to  prove  thereby.  Referees 
shall  limit  the  inquiry  before  them  to  relevant  and  material  matters,  and  in  case  an 
examination  or  cross-examination  is  unnecessarily  prolix,  or  improperly  prolonged, 
the  referee  may,  in  his  discretion,  limit  the  time  of  such  examination;  or  he  may 
impose  costs,  including  the  fees  of  the  stenographer  and  other  expenses,  upon 
the  party  responsible  for  the  improper  prolongation. 


632         KULES  IN  NORTHEKN  DISTRICT  OF  NEW  YORK. 


xxin. 

HEARING  OF  QUESTION  CERTIFIED  BY  REFEREE. 

After  a  question  has  been  certified  by  the  referee  pursuant  to  general  order  No. 
XXVII.  and  as  provided  in  form  No.  56,  the  papers  shall  be  filed  with  the  clerk  and 
the  hearing  may  be  brought  on  before  the  judge  upon  any  court  day  by  either 
party  by  giving  the  usual  notice  provided  in  rule  II.  of  this  court. 


XXIV. 

CLAIMS  NEED  NOT  BE  APPROVED  ^VHERE  THERE  ARE  NO  ASSETS. 

In  cases  which  show  no  assets  the  referee  need  not  formally  approve  or  disallow- 
any  claims  filed  with  him,  except  on  special  request  or  motion,  but  such  claims 
shall  be  returned  with  the  papers  to  the  clerk  at  the  conclusion  of  the  case.  If 
in  such  a  case,  assets  sufficient  to  pay  a  dividend  are  discovered  by  the  trustee, 
such  claims  shall  be  allowed,  continued  or  disallowed  by  the  referee  at  the  first 
meeting  of  creditors  after  it  is  determined  that  such  estate  will  pay  a  dividend. 


XXV. 

REFEREES  MAY  MAKE  RULES  IN  PROCEEDINGS  BEFORE  THEM. 

Referees  may  make  other  general  or  special  rules  for  the  guidance  of  proceed- 
ings before  them  within  their  respective  territorial  jurisdictions  and  may  from 
time  to  time  alter  and  amend  the  same,  provided  that  such  rules  shall  not  be 
inconsistent  with  the  provisions  of  the  act,  with  the  general  orders  of  the  supreme 
court  or  with  these  rules. 


XXVT. 

POWERS    DELEGATED    TO   REFEREES. 

The  referees  heretofore  or  hereafter  appointed  for  the  Northern  district  of  New 
York  are  hereby,  respectively,  vested  with  the  jurisdiction  which,  by  the  bankruptcy 
act  of  July  1,  1898,  and  the  general  orders  of  the  supreme  court,  promulgated  at  the 
October  term  of  1898,  the  court  or  judge  may  delegate  to  or  confer  upon  said 
referees;  and  they  are,  respectively,  empowered  and  authorized  to  do  all  acts,  take 
all  proceedings,  make  all  orders  and  decrees,  and  perform  all  duties  so  authorized 
to  be  delegated  by  said  act,  and  said  general  orders,  without  special  authority  in 
each  case  and  under  the  general  authority  conferred  by  this  order. 


XXVII. 

SPECIAL   ORDER  OF  JUDGE. 

In  cases  not  provided  for  by  the  bankruptcy  act  of  1898,  the  general  orders, 
or  these  rules,  the  practice  of  the  district  court  shall  be  subject  to  the  special 
order  of  the  district  judge,  which  order  shall  be  followed  even  though  it  may  con- 
flict with  these  rules. 


RULES  IN  NORTHEKN  DISTRICT  OF  NEW  YORK.         633 

XXVIII. 

RULES  UNDER  ACT   OF    1867   WHEN  APPLICABLE. 

The  rules  adopted  by  this  court  under  the  act  of  1867,  where  they  are  not 
inconsistent  with  these  rules,  the  provisions  of  the  act  of  1898,  and  the  general 
orders  of  the  supreme  court,  shall  be  followed  as  far  as  applicable. 

XXIX. 

REVOCATION  OF  FORMER  RULES. 

The  order,  dated  July  29,  1898,  conforming  the  practice  under  the  bankruptcy 
act  of  1898  to  the  practice  under  the  bankruptcy  act  of  1867,  the  order  of  the  same 
date  regulating  the  practice  in  counties  where  a  referee  had  not  been  appointed  or  a 
newspaper  designated,  and  the  order  of  October  10,  1898,  fixing  the  time  for  holding 
special  sessions  of  the  court  are,  and  each  of  them  is,  hereby  vacated. 


XXX. 

FEES  OF  REFEREES  AS  SPECIAL  MASTER. 

The  issues  under  rules  VIII.  and  XI.  shall  be  referred  to  the  referee  as  a  special 
master  and  he  shall  be  entitled  to  receive  for  his  services  five  dollars  for  each  day 
actually  spent  in  hearing  such  reference  and  preparing  his  report.  Such  sum  shall 
be  chargeable  in  the  first  instance  to  the  party  opposing  the  adjudication,  discharge 
or  composition,  respectively,  and  indemnity  may  be  demanded  by  the  referee  before 
proceeding  with  the  hearing.  In  case  the  petition  in  an  involuntary  proceeding  bo 
dismissed  with  costs  such  sum  may  be  taxed  against  the  petitioning  creditors. 

If  a  composition  is  not  confirmed  or  is  set  aside  such  sum  may,  in  the  discretion 
of  the  court,  be  ordered  paid  by  the  trustee. 

In  other  cases  when  matters  are  referred  to  the  referee  as  a  special  master, 
requiring  services  not  devolving  upon  him,  by  virtue  of  his  ofiice,  he  shall  receive 
a  like  compensation  which  shall  be  chargeable  in  the  first  instance  to  the  party 
bringing  on  the  reference  and  shall  be  paid  by  the  party  ultimately  defeated  in  such 
reference.  Should  such  reference,  in  the  cases  last  referred  to  be  unusually  difficult 
or  extraordinary,  a  higher  rate  of  compensation  may  be  paid  if  stipulated  by  both 
parties  and  sanctioned  by  the  judge. 

XXXI. 

REFEREES  NOT  TO  APPOINT  RECEIVERS,  ETC. 

Referees  in  bankruptcy  in  this  district  will  not  appoint  receivers  or  exercise 
jurisdiction  over  or  make  orders  for  the  direction  of  receivers  appointed  by  the 
court,  nor  will  they  in  any  case  make  an  order  relating  to  the  deposition  of  the 
property  in  the  hands  of  such  receivers  or  in  relation  to  the  accounts  of  such 
receivers.  All  such  matters  must  be  brought  to  the  attention  of  the  court  appoint- 
ing the  receiver. 

XXXII. 

CONFIRMATION   OF   COMPOSITION. 

In  all  cases  of  composition,  the  application  for  confirmation  with  notice  and 


634        KULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

proofs  of  service  must  be  accompanied  by  a  report  from  the  referee,  the  offer  and 
acceptances  and  the  certificate  of  the  depository,  setting  forth  the  date  when  the 
petition  was  filed,  the  amount  and  place  of  deposit,  the  names  of  all  the  creditors 
whose  claims  are  allowed  and  the  amount  of  same  and  the  amount  to  which  each  is 
entitled  under  the  composition;  also  all  expenses  and  allowances  and  to  whom  made 
and  payable. 

The  order  of  distribution  will  provide  that  the  same  be  made  by  the  referee  and 
specify  the  names  of  creditors,  etc.,  and  the  amount  to  be  paid  to  each. 

XXXIII. 

INVENTORIES. 

Inventories  by  receivers  and  trustees  of  bankrupt  estates  shall  be  made  and 
executed  in  duplicate;  one  to  be  filed  with  the  clerk  of  this  court  within  ten  days 
after  completion,  the  other  to  be  filed  with  the  referee.  Failure  to  comply  with 
this  rule  shall  be  ground  for  removal. 

XXXIV. 

ATTORNEY  FOR  TRUSTEE. 

Referees  shall  in  no  case  nominate  or  appoint  an  attorney  or  attorneys  for  a 
trustee  unless  specially  directed  so  to  do  by  the  Judge. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

WESTERN   DISTRICT   OF   NEW   YORK. 


SESSIONS   OF  DISTRICT  COURT. 

Except  during  the  absence  or  inability  of  the  District  Judge  the  District  Court 
will  be  open  for  the  transaction  of  business  as  a  Court  of  Bankruptcy  at  the 
United  States  Court  Room,  in  the  City  of  Buffalo,  on  Tuesday  of  every  week,  at  10 
o'clock  in  the  forenoon,  except  during  the  month  of  August,  and  when  the  Judge  is 
holding  a  term  elsewhere.  No  case  or  matter  in  bankruptcy  will,  in  ordinary 
circumstances,  be  taken  up  on  other  days.  In  case  of  the  non-attendance  of  the 
Judge  at  the  time  hereby  appointed,  or  at  any  other  time  which  may  by  special 
order  be  designated  for  any  special  session  of  the  Court,  all  proceedings  shall  be 
continued,  as  of  course  and  without  prejudice,  to  the  next  session  of  the  Court. 
The  District  Court  will  also  be  open  for  the  transaction  of  business  as  a  Court  of 
Bankruptcy  on  the  first  days  of  the  regular  terms  appointed  to  be  held  at  Elmira 
on  the  second  Tuesday  in  January,  at  Buffalo  on  the  second  Tuesday  in  March,  at 
Rochester  on  the  second  Tuesday  in  May,  at  Jamestown  on  the  second  Tuesday  in 
July,  at  Lockport  on  the  second  Tuesday  in  October,  and  at  Buffalo  on  the  second 
Tuesday  in  November.  Bankruptcy  business  may  also  be  transacted  at  Canan- 
daigua  on  the  second  Tuesday  in  September,  when  the  term  of  the  Circuit  Court, 
appointed  to  be  held  at  that  time,  is  presided  over  by  the  District  Judge. 

II. 

NOTICES  OF  MOTION  AND  OTHER  HEARINGS. 

Motions  must  be  noticed  and  orders  to  show  cause  must  be  made  returnable  on 
Tuesdays,  and  at  the  times  and  places  indicated  in  the  preceding  rule.  If  noticed 
for  any  other  day,  except  by  leave  of  the  Judge,  the  notice  will  be  treated  as  a 
nullity.  Notice  of  motion,  if  personally  served,  must  be  served  at  least  eight  days, 
and  if  served  by  mail  at  least  ten  days,  before  the  time  appointed  for  the  hearing. 
The  Judge  or  referee  may,  upon  an  affidavit  showing  grounds  therefor,  make  an 
order  to  show  cause  why  the  relief  demanded  should  not  be  granted  and  in  the 
order  may  direct  that  service  of  less  than  eight  days  shall  be  sufficient.  When 
not  otherwise  specially  provided  for  by  law,  all  notices  of  other  hearings  and 
proceedings  in  bankruptcy  shall  conform  to  the  foregoing  provisions  as  to  notices 
of  motion. 

III. 

PROCEEDINGS    IN    COUNTIES    WHERE    THERE    IS    NO     REFEREE    OR 

NEWSPAPER. 

In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county 
where  there  is  a  vacancy  in  the  office  of  referee  or  where  the  referee  is  disqualified, 

635 


630  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

absent,  sick  or  otherwise  unable  to  act,  the  reference  shall  be  made  to  the  referee 
who  is  most  conveniently  located  to  the  bankrupt's  residence.  In  case  a  petition  is 
filed  by  or  against  a  bankrupt  who  resides  in  a  county  where  there  is  no  designated 
newspaper,  or  where  the  designated  newspaper  for  any  reason  refuses  to  act,  the 
notices  required  by  law  may  be  published  in  a  newspaper  named  by  the  parties 
in  interest  published  in  the  county  where  the  bankrupt  resides,  or  the  major  part 
of  his  property  is  situated. 

IV. 

FILING  PETITION;  DEPOSIT  OF  FEES. 

All  petitions  shall  be  filed  with  the  Clerk  at  his  office  in  Buffalo.  At  the  time 
of  filing  a  petition  thirty  dollars  shall  be  paid  to  the  Clerk  by  the  petitioner,  except 
in  cases  where  a  fee  is  not  required  by  a  voluntary  bankrupt;  being  ten  dollars 
for  the  clerk,  fifteen  dollars  for  the  referee  and  five  dollars  for  the  trustee.  In 
case  the  petition  is  dismissed  it  shall  be  the  duty  of  the  Clerk  forthwith  to  return 
to  the  petitioner  the  amount  deposited  for  the  fees  of  the  referee  and  trustee, 
respectively.  Voluntary  petitions  must  be  filed  in  triplicate  and  involuntary  peti- 
tions in  duplicate.  When  the  Judge  is  absent  from  the  district  it  shall  be  the  duty 
of  the  Clerk  to  enter  an  order  as  provided  in  Form  No.  15,  reciting  the  absence  of 
the  Judge,  and  referring  the  case  to  the  proper  referee.  When  the  Judge  is  present, 
a  court  order  shall  be  entered  as  provided  in  Form  No.  14.  Fees  deposited  by  the 
petitioner  in  an  involuntary  case  must  be  returned  to  him  by  the  trustee  out  of  the 
estate  of  the  baskrupt  in  all  cases  where  property  sufficient  for  such  purpose 
comes  to  the  hands  of  the  trustee. 

V. 

PETITION  IN  FORMA  PAUPERIS. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  which  is  accom 
panied  by  an  affidavit  under  Subdivision  2  of  Section  51  of  the  Act,  it  shall  be  the 
duty  of  the  Clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  for 
by  law.  If  the  clerk,  or  the  referee  to  whom  said  petition  is  referred,  has  reason 
to  believe  such  affidavit  is  false,  he  may  file  a  certificate  to  that  effect  and  cause  the 
bankrupt  to  be  examined.  If  upon  such  examination  the  referee  reports  in  writing 
that  the  statements  contained  in  such  affidavit  are  false,  and  that  the  bankrupt  has 
or  can  obtain  money  with  which  to  pay  said  fees,  such  report  shall  be  sufficient 
proof  upon  which  to  base  proceedings  under  Subdivision  4  of  General  Order  No. 
XXXV. 

VI. 

REFEREE  TO  FIX  TIME  AND  PLACE  OF  HEARINGS. 

The  Clerk  shall  mail  a  copy  of  the  order  of  reference  to  the  referee,  and  there- 
after all  proceedings,  except  such  as  are  required  by  the  act,  or  by  the  general 
orders,  to  be  had  before  the  Judge,  shall  be  had  before  the  referee,  who  shall  fix 
the  time  when  and  the  place  where  he  will  act  upon  the  matters  arising  in  the  case; 
except  that  all  meetings  of  creditors  must  be  held  in  the  county  of  the  bankrupt, 
either  at  the  county  seat  or  at  a  place  more  convenient  for  the  parties  in  interest. 
If  the  referee  cannot  attend  on  the  day  named  in  the  order  of  reference  he  may 
name  a  subsequent  day  within  ten  days  thereafter,  and  give  the  bankrupt 
timely  notice  of  the  change;  but  the  day  first  named  shall  be  the  day  from  which 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  637 

the  bankrupt  shall  be  subject  to  the  orders  of  the  court  as  provided  in  General 
Order  No.  XII. 

If  the  place  named  in  the  order  of  reference  be  manifestly  inconvenient  as  a 
place  of  meeting  for  the  parties  in  interest,  the  referee  may  fix  a  more  convenient 
place  and  give  the  bankrupt  timely  notice  of  the  change. 


VII. 

INVOLUNTARY   PETITION— NOTICE   TO  DEBTOR— REFERENCE  ON 

DEFAULT. 

Where  an  involuntary  petition  is  filed  in  conformity  with  law  it  shall  be  the 
duty  of  the  Clerk  to  issue  a  subpoena,  as  provided  in  Form  No.  5,  stating  the  time 
and  place  when  the  debtor  is  to  appear.  There  shall  be  endorsed  upon  the  subpoena 
the  following: 

"  Notice  to  defendant. — It  is  not  necessary  for  you  to  appear  on  the  return  day 
of  this  subpoena.  You  may  appear  and  plead  to  the  petition  at  any  time  within  five 
days  after  said  return  day." 

In  case  no  pleadings  are  filed  by  the  bankrupt  or  any  of  his  creditors  the  Judge, 
or,  in  his  absence,  the  Clerk,  will  enter  the  proper  order  without  further  appearance 
or  motion  on  the  part  of  the  petitioner.  Order  of  adjudication  in  involuntary 
proceedings  shall  not  be  entered  until  the  expiration  of  five  days  after  the  return 
day  of  the  subpoena. 

VIII. 

SERVICE    OF   SUBPOENA— PUBLICATION. 

In  involuntary  proceedings,  if  personal  service  of  the  subpoena  cannot  be  made 
by  a  delivery  of  a  copy  thereof  to  the  debtor  or  to  some  adult  person  who  is  a 
member  or  resident  in  the  debtor's  family,  at  his  dwelling  house  or  usual  place 
of  abode  within  the  district,  and  if  the  debtor  shall  not  file  his  appearance  within 
ten  days  after  the  return  day  of  the  subpoena,  the  Court,  on  proof  by  affidavit  of  the 
foregoing  facts,  and  of  the  whereabouts  of  the  debtor,  will  make  an  order  directing 
such  debtor  to  appear,  plead,  answer  or  demur  by  a  day  certain  to  be  designated 
therein,  pursuant  to  section  738  of  the  United  States  Revised  Statutes,  which  order 
shall  be  served  upon  such  absent  debtor,  if  practicable,  wherever  found,  or  if 
personal  service  of  such  order  upon  such  absent  debtor  is  not  practicable,  such 
order  shall  be  published  as  provided  in  the  act;  and  upon  proof  of  such  service  or 
publication  of  said  order,  and  of  compliance  with  the  terms  thereof,  proceedings 
shall  be  had  as  upon  personal  service  of  the  debtor  within  the  district. 

Upon  the  petition  of  one  or  more  of  several  copartners,  where  some  other  mem- 
ber or  members  of  the  firm  refuse  to  join  in  the  petition,  the  like  proceedings  if 
there  are  firm  assets,  must  be  had  to  bring  in  the  other  copartners. 


IX. 

PLEADINGS  IN  INVOLUNTARY  CASES;  TRIAL  BY  JURY. 

Prior  to  the  denial  of  bankruptcy,  as  provided  in  Form  No.  6,  the  pleadings 
in  involuntary  cases  on  the  part  of  the  alleged  bankrupt,  or  any  of  his  creditors 
who  oppose  the  adjudication,  shall  conform  as  nearly  as  may  be  to  the  pleadings 
of  the  defendant  in  an  equity  action  in  the  Circuit  Court  of  the  United  States. 


638  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

In  case  a  jury  trial  is  demanded,  as  provided  by  Section  19  of  the  Act,  the 
Clerk  shall  enter  an  order  as  provided  in  Form  No.  7,  and  the  issue  be  noticed  for 
trial  at  any  of  the  regular  terms  of  the  District  Court,  and  shall  proceed  in  all 
respects  like  the  trial  of  any  action  at  common  law,  except  that  the  Court  may 
frame  and  send  to  the  jury  special  questions  presenting  the  issues  to  be  tried. 
Upon  the  coming  in  of  the  verdict  the  Judge  may,  in  accordance  therewith,  make 
an  adjudication  either  that  the  debtor  is  or  is  not  a  bankrupt.  In  case  a  jury 
trial  is  not  demanded  the  Judge  may  determine  the  issues  presented  by  the  plead- 
ings, or  he  may  refer  the  same,  or  any  specified  issue  to  the  referee  to  ascertain 
and  report  the  facts. 

Except  in  jury  trials,  causes  cannot  be  noticed  for  proof  and  witnesses  cannot 
be  called  and  sworn  in  open  court  without  the  previous  special  allowance  of  the 
Judge,  on  adequate  cause  shown. 


DISMISSAL  OF  PETITION. 

Every  application  to  dismiss  a  voluntary  or  involuntary  petition,  as  con- 
templated by  Section  59-g  of  the  bankruptcy  act,  must  be  by  petition  in  writing, 
signed  and  verified  by  the  applicant  or  his  attorney  of  record,  and,  if  made  before 
the  bankrupt's  schedules  have  been  filed,  such  application  must  be  accompanied 
by  a  list,  verified  by  the  bankrupt,  of  all  his  creditors,  with  their  addresses. 
Upon  the  filing  of  such  petition  and  list,  when  required,  an  order  to  show  cause 
why  such  petition  should  not  be  granted  may  be  entered  by  the  Clerk.  Thereafter, 
all  proceedings,  notices  and  pleas  on  such  petition  shall  be  the  same  as  or  similar 
to  those  on  orders  to  show  cause  why  discharges  should  not  be  granted  as  the  same 
are  filed  by  Rule  XII.     (Adopted  Nov.  29,  1907.) 


XI. 


DISCHARGE    AND    COMPOSITION— PETITION   AND    REPORT    OF 

REFEREE. 

The  petition  for  a  discharge  or  for  a  confirmation  of  a  composition  must  be 
duly  verified  and  be  filed  with  the  Clerk.  The  petition  for  a  discharge  must  con- 
form to  the  provisions  of  General  Order  No.  XXXI  and  of  Form  No.  57.  There 
must  also  be  presented  before  the  final  discharge  is  granted  a  report  or  certificate 
of  the  referee  that  the  bankrupt  has  in  all  things  conformed  to  the  requirements 
of  the  act,  that  he  has  committed  none  of  the  offenses  and  done  none  of  the  acts 
prohibited  in  Subdivision  b  of  Section  14  of  the  Act,  and  that  he  is,  in  the  opinion 
of  the  referee,  entitled  to  his  discharge. 

Proof  of  mailing  and  publication,  as  provided  in  the  next  succeeding  rule, 
together  with  his  certificate  of  conformity,  shall  be  sent  by  the  referee  to  the  Clerk, 
at  Buffalo,  N.  Y.,  at  least  one  day  prior  to  the  hearing,  and  the  Clerk  shall  present 
the  same  to  the  Court  at  the  hearing. 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  029. 

XII. 

DISCHARGE  ORDER  TO  SHOW  CAUSE;   OPPOSITION  OF  CREDITORS. 

The  order  to  show  cause  why  a  discharge  should  not  be  granted  or  a  com- 
position confirmed  may  be  entered  by  the  Clerk  or  Deputy  Clerk.  It  must  state  the 
time  and  place  of  hearing,  and  direct  that  the  referee  give  notice  as  provided  in 
Section  58  of  the  Act  to  all  known  creditors  and  other  persons  in  interest.  The 
notice  must  be  mailed  and  published  once,  at  least  ten  days  prior  to  said  hearing. 
Proof  of  mailing  and  publication  must  be  presented  at  least  one  day  prior  to  the 
return  day  of  the  order.  If  no  creditor  or  other  party  in  interest  appears  and 
opposes,  the  discharge  shall  be  granted.  In  case  a  creditor  or  other  party  in 
interest  desires  to  oppose  the  granting  of  the  discharge,  he  shall  appear  on  the 
return  day  and  file  a  verified  specification  of  the  grounds  of  his  opposition,  as 
provided  in  General  Order  No.  XXXII.  The  issue  thus  joined  may  be  referred  to 
the  referee  to  ascertain  and  report  the  facts  with  his  conclusions  thereon.  Either 
party  may  except  to  said  report  and  the  exceptions  may  be  heard  by  the  Judge  on 
any  Court  day  upon  the  usual  notice. 

The  petitioner  may,  within  five  days  from  the  service  of  a  copy  of  the  order 
of  reference,  and  on  giving  at  least  eight  days'  notice  personally  or  by  mail  to  the 
objecting  creditor,  move  the  Court  or  Judge  at  term  or  in  chambers  to  have  the 
specifications  of  objections  to  the  discharge  or  the  confirmation  of  the  composition 
made  more  certain  and  definite  or  within  such  time  may  demur  thereto  or  move 
their  dismissal;  in  default  whereof  such  specifications  shall  be  deemed  sufficient  to 
present  the  question  suggested  thereby.  Such  notice  of  motion  or  demurrer  shall 
also  specify  the  grounds  of  objection. 


XIII. 

CONFIRMATION   OF   COMPOSITION. 

In  all  cases  of  composition,  the  application  for  confirmation  with  notice  and 
proofs  and  service  must  be  accompanied  by  a  report  from  the  referee,  the  offer  and 
acceptances  and  the  certificate  of  the  depository,  setting  forth  the  date  when  the 
petition  was  filed,  the  amount  and  place  of  deposit,  the  names  of  all  the  creditors 
whose  claims  are  allowed  and  the  amount  of  the  same,  and  the  amount  to  which 
each  is  entitled  under  the  composition;  also  all  expenses  and  allowances,  and  to 
whom  made  and  payable. 


XIV. 

PETITIONS. 

Petitions  should  state  where  the  debtor  has  resided,  including  the  street  and 
number,  if  any,  and  also  where  his  principal  place  of  business,  if  any,  has  been 
during  the  preceding  six  months,  or  the  greater  part  thereof,  and  the  schedules 
should  state  the  street  and  number  of  the  residence,  or  place  of  business,  of  the 
creditors,  so  far  as  known.  Petitions  by  one  or  more  of  several  copartners  should 
state,  in  case  a  discharge  from  copartnership  debts  is  desired,  whether  there  are 
firm  assets,  and,  if  there  are,  the  petition  should  further  state  whether  the  firm  or 
any  other  partners,  not  joining  in  the  petition  are  solvent  or  insolvent,  and.  if 
insolvent,  the  place  of  residence  and  whereabouts  of  such  other  partners,  so  far  as 


640  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

known,  or  ascertainable,  in  order  that  they  may  be  brought  in  as  parties  in  case 
they  refuse  to  join  in  the  petition. 

Petitions,  schedules  and  other  papers  filed  shall  be  written,  typewritten  or 
printed  upon  white  paper  of  the  size  of  law  cap,  approximately  thirteen  inches  long 
by  eight  inches  wide.  All  pleadings  must  be  properly  indorsed  with  the  name  of 
the  Court,  the  title  of  the  cause,  and,  if  the  parties  appear  by  an  attorney,  his 
name  and  oflBce  address.  If  the  attorney  resides  in  a  city,  the  street  and  number 
must  be  given.     [See,  In  re  Hawkins,  11  Am.  B.  R.  49.] 


XV. 

NOTICES  AND  HOW  SERVED. 

All  notices  required  to  be  given  under  Section  58  of  the  Act  shall,  in  case  the 
referee  so  directs,  be  given  by  the  bankrupt  or  his  attorney  in  voluntary  cases,  and 
by  the  petitioner  or  his  attorney  in  involuntary  cases,  and  when  so  given  the  per- 
son giving  the  notice  shall  make  return  to  the  referee  in  the  form  of  an  affidavit 
with  the  notice,  or  a  copy  thereof,  annexed,  showing  due  mailing  or  publication  of 
said  notice  as  required  by  law.  The  affidavits  of  mailing  and  of  publication  may  be 
sworn  to  or  affirmed  before  any  officer  authorized  to  administer  oaths  under  Section 
20  of  the  Act.  Notice  to  creditors  of  meetings  subsequent  to  the  first,  in  cases 
where  there  are  undivided  assets,  shall  be  the  same  as  the  notice  provided  for 
the  first  meeting  in  Section  58  of  the  Act.  In  cases  where  there  are  no  assets 
the  referee  may,  in  his  discretion,  dispense  with  the  publication  of  such  notice. 
The  original  notice  shall  be  signed  by  the  referee.  It  shall  be  printed  upon  or 
inclosed  within  a  sealed  post-paid  wrapper  in  such  a  manner  that  the  address  and 
postmark  shall,  if  possible,  be  on  the  same  paper  as  the  notice,  or  in  the  discretion 
of  the  referee,  said  notice  may  be  printed  upon  a  postal  card  or  other  card.  It  is 
not  intended  by  this  rule  to  prohibit  the  use  of  "  official  envelopes." 


XVI. 
SALES  OF  BANKRUPT'S  PROPERTY. 

The  sales  of  the  bankrupt's  property  authorized  by  the  Act  and  General  Order 
No.  XVIII,  shall  be  under  the  direction  of  the  referee.  Public  sales  shall  be  upon 
the  notice  required  by  Section  58  of  the  Act  and  the  Act  of  Congress  approved 
March  3,  1893  (Vol.  27,  United  States  Statutes  at  Large,  page  751),  and  such  addi- 
tional notice  as  the  referee  may  direct. 


XVII. 

LIST  OF  CLAIMS  AND  ACCOUNTS  TRANSMITTED  TO   CLERK. 

General  Order  No.  XXIV  shall  not  be  construed  to  require  the  referee  to  trans- 
mit to  the  Clerk  a  separate  statement  of  each  proof  of  debt,  but  only  that  he  shall 
transmit  a  list  of  the  claims  proved  after  he  has  reason  to  believe  that  all  the 
claims  have  been  proved  against  the  estate  that  will  be  presented. 

General  Order  No.  XXVI  shall  not  be  construed  to  require  the  referee  to 
transmit  to  the  Clerk  a  separate  account  of  each  case  which  may  be  referred  to 
him,  but  only  a  statement  of  his  disbursements  in  all  cases  and  for  all  causes  since 
his  last  monthly  return. 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  G41 

xvin. 

CLERK  TO  TRANSMIT  PAPERS  TO   THE  REFEREE. 

The  Clerk  shall  transmit  all  proofs  of  claims,  and  other  papers  filed  with  him 
under  General  Order  No.  XX,  subsequent  to  the  reference,  to  the  referee,  except 
such  papers  which,  by  the  terms  of  said  General  Order,  are  required  to  be  filed 
with  the  Clerk  alone. 

XIX. 

FILING  OF  RETURNS,  REPORTS,  ADJUDICATIONS,  BONDS,  ETC. 

All  returns  and  reports  from  referees  or  other  officers  of  the  Court  shall  be 
directed  to  the  Clerk  of  the  Court  at  Buffalo,  N.  Y.,  and  all  returns  and  reports 
which  by  law  or  the  general  orders  are  required  to  be  made  to  the  Judge  shall  be 
directed  to  him  in  care  of  the  Clerk  at  Buffalo,  N.  Y. 

It  shall  be  the  duty  of  the  referee  to  transmit  to  the  Clerk  forthwith  all 
adjudications  made  during  the  absence  of  the  Judge,  and  all  bonds  of  trustees  and 
the  orders  approving  the  same  within  five  days  of  the  approval  thereof.  The 
referee  shall  retain  in  his  possession  the  papers  and  records  until  said  case  is 
finally  closed.  He  shall  then,  within  five  days,  transmit  his  record  book,  and  all 
papers  in  the  case  to  the  Clerk,  together  with  a  certificate  specifying  that  the  case 
is  closed. 

XX. 

FEES  OF  CLERK,  REFEREE  AND  TRUSTEE,  AVHEN  PAID. 

The  trustee's  fee  of  five  dollars  deposited  with  the  Clerk  shall  be  paid  to  the 
trustee  upon  the  certificate  of  the  referee  that  the  services  of  the  trustee  have  been 
actually  rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such  commis- 
sions as  may  be  allowed  by  the  referee  under  Section  48  of  the  Act  as  amended  upon 
the  order  of  the  referee  at  the  time  the  dividend  is  made.  The  referee  shall  be  paid 
his  commissions  at  the  same  time.  In  case  no  trustee  is  appointed,  as  provided 
in  General  Order  No.  XV.,  the  Clerk  shall,  upon  the  certificate  of  the  referee,  return 
the  five  dollar  deposit  to  the  petitioner  or  his  attorney. 

The  Clerk  shall  pay  to  the  referee  the  fifteen  dollars  deposited  as  fees  of  the 
referee  upon  receiving  the  latter's  certificate  that  the  case  has  been  closed  and 
that  his  services  have  been  rendered.  Where  there  are  no  assets  the  case  shall 
be  deemed  closed  for  the  purpose  of  the  payment  of  said  fees  to  the  referee  and 
trustee  when  a  discharge  has  been  granted  or  refused  to  the  bankrupt.  If  no 
application  for  a  discharge  has  been  made  the  case  shall  be  deemed  closed  at  the 
expiration  of  two  months  from  the  date  of  the  adjudication.  In  cases  where  there 
are  assets  the  case  shall  be  deemed  closed  upon  the  confirmation  of  a  composition 
or  the  payment  of  the  final  dividend. 

XXI. 

MONEY  DRAWN  BY  COUNTERSIGNED  CHECKS. 

When  money  is  deposited  in  the  name  of  the  Clerk  of  the  Court,  or  of  a  trustee, 
it  shall  not  be  drawn  unless  by  check  signed  by  said  Clerk  or  trustee,  having  on  its 
face  the  number  and  title  of  the  cause  and  countersigned  by  the  referee  in  charge. 
All  checks  must  conform  to  this  rule,  and  also  to  the  requirements  of  General 
Order  No.  XXIX.  The  Clerk  shall  furnish  to  the  depositories  a  copy  of  said 
general  order  and  also  a  copy  of  this  rule. 


643  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 


XXII. 

REFEREES  TO  DIRECT  PROSECUTION  AND   DEFENSE  OF  SUITS  AND 

ALLOAV  AMENDMENTS. 

The  referee  may  direct  the  prosecution  and  the  defense  of  suits  by  the  trustee 
as  provided  in  Subdivision  c  and  d  of  Section  11  of  the  Act.  He  may  allow  amend- 
ments to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects  in 
all  matters  pending  before  him,  and  he  shall,  in  the  first  instance,  have  full  power 
and  authority  over  the  proof  and  allowance  of  claims  as  provided  by  Section  57 
of  the  Act  and  General  Order  No.  XXI.  When  a  petition  referred  to  a  referee  is 
insufficient  upon  its  face  to  confer  jurisdiction  he  shall  return  the  same  to  the 
Clerk  with  a  statement  of  the  defects  noted  thereon,  and  no  further  proceedings 
shall  be  had  thereon  until  a  new  or  amended  petition  remedying  such  defects  is 
filed  with  the  Clerk. 

The  referee  may,  upon  his  own  motion,  direct  that  the  schedules  be  made  more 
definite  and  certain  by  requiring  the  street  and  number  to  be  given  where  a 
creditor  resides  in  a  city,  and  the  referee  may  direct  that  the  bankrupt  furnish 
any  other  information  regarding  his  property  or  his  creditors  which  the  referee 
may  deem  essential. 


XXIII. 

REFEREES    TO    GRANT    STAYS. 

When  a  motion  for  an  injunction  is  pending,  or  is  about  to  be  made,  the  referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise, 
grant  a  temporary  restraining  order  staying  proceedings  until  the  hearing  and 
decision  of  said  motion.  In  case  all  parties  in  interest  agree  that  said  motion  be 
heard  by  the  referee  in  charge,  they  may  file  with  the  referee  a  written  stipulation 
to  that  effect.  The  decision  of  the  referee  on  such  motion  shall  be  filed  with  the 
Clerk,  and  if  the  referee  decides  that  an  injunction  shall  issue,  an  order  to  that 
effect  may  be  made  by  the  Judge. 


XXIV. 

REFEREES  MAY  PASS  UPON  RELEVANCY  OF  TESTIMONY  AND  CON- 
FINE EXAMINATIONS  WITHIN  REASONABLE  LIMITS. 

Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evi- 
dence in  matters  properly  before  them  for  investigation,  and  shall  have  all  the 
powers,  of  the  Judge  concerning  the  admission  or  rejection  thereof,  and 
shall  note  on  the  record  all  objections,  the  rulings  thereon  and  the  exceptions 
which  may  be  taken;  and  in  cases  where  testimony  is  excluded  they  shall  note  a 
brief  statement  by  the  party  offering  the  same  of  the  facts  he  expects  to  prove 
thereby.  Referees  shall  limit  the  inquiry  before  them  to  relevant  and  material 
matters,  and  in  case  an  examination  or  a  cross-examination  is  unnecessarily 
prolix,  or  improperly  prolonged,  the  referee  may,  in  his  discretion,  limit  the  time 
of  such  examinations;  or  he  may  impose  costs,  including  the  fees  of  the  stenog- 
rapher and  other  expenses,  upon  the  party  responsible  for  the  improper  pro- 
longation. 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  643 

XXV. 

HEARING  OF  QUESTION  CERTITIED  BY  REFEREE. 

After  a  question  has  been  certified  by  the  referee  pursuant  to  General  Order 
No  XXVII,  and  as  provided  In  Form  No.  56,  the  papers  shall  be  filed  with  the  Clerk 
and  the  hearing  may  be  brought  on  before  the  Judge  upon  any  Court  day  by  either 
party  by  giving  the  usual  notice  provided  in  Rule  II  of  this  Court. 


XXVI. 

CLAIMS   NEED   NOT  BE  APPROVED   WHERE    THERE  ARE  NO  ASSETS. 

In  cases  which  show  no  assets  the  referee  need  not  formally  approve  or  dis- 
allow any  claims  filed  with  him,  except  on  special  request  or  motion,  but  such 
claims  shall  be  returned  with  the  papers  to  the  Clerk  at  the  conclusion  of  the  case. 
If,  in  such  a  case,  assets  sufficient  to  pay  a  dividend  are  discovered  by  the  trustee, 
such  claims  shall  be  allowed,  continued  or  disallowed  by  the  referee  at  the  first 
meeting  of  creditors  after  it  is  determined  that  such  estate  will  pay  a  dividend. 


XXVII. 

REFEREES  MAY  MAKE  RULES  IN  PROCEEDINGS   BEFORE  THEM. 

Referees  may  make  other  general  or  special  rules  for  the  guidance  of  proceed- 
ings before  them  within  their  respective  territorial  jurisdictions,  and  may  from 
time  to  time  alter  and  amend  the  same,  provided  that  such  rules  shall  not  be  in- 
consistent with  the  provisions  of  the  act,  with  the  general  orders  of  the  Supreme 
Court,  or  with  these  rules. 

XXVIII. 

The  referees  heretofore  or  hereafter  appointed  for  the  Western  District  of  New 
York  are  hereby,  respectively,  vested  with  the  jurisdiction  which,  by  the  Bank- 
ruptcy Act  of  July  1,  1898,  and  its  amendments,  and  the  general  orders  of  the 
Supreme  Court  promulgated  at  the  October  Term  of  1898,  the  Court  or  Judge  may 
delegate  to  or  confer  upon  said  referees:  and  they  are,  respectively,  empowered 
and  authorized  to  do  all  acts,  take  all  proceedings,  make  all  orders  and  decrees, 
and  perform  all  duties  so  authorized  to  be  delegated  by  said  act,  and  said  general 
orders,  without  special  authority  in  each  case,  and  under  the  general  authority 
conferred  by  this  order. 

XXIX. 

The  issues  under  Rules  IX  and  XI  shall  be  referred  to  a  special  master,  and  he 
shall  be  entitled  to  receive  for  his  services  five  dollars  for  each  day  actually  spent 
in  hearing  such  reference  and  preparing  his  report.  Such  sum  shall  be  charge- 
able in  the  first  instance  to  the  party  opposing  the  adjudication,  discharge  or 
composition,  respectively,  and  indemnity  may  be  demanded  by  the  special  master 
before  proceeding  with  the  hearing.  In  case  the  petition  in  an  involuntary  pro- 
ceeding be  dismissed  with  costs  such  sum  may  be  taxed  against  the  petitioning 
creditors. 

If  a  composition  is  not  confirmed,  or  is  set  aside,  such  sum  may,  in  the  discre- 
tion of  the  Court,  be  ordered  paid  by  the  trustee. 


644  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

Should  such  reference,  in  the  cases  last  referred  to,  be  unusually  difficult  or 
extraordinary,  a  higher  rate  of  compensation  may  be  paid  if  stipulated  by  both 
parties  and  sanctioned  by  the  Judge. 

XXX. 

SPECIAI.   ORDER   OF   JUDGE. 

In  cases  not  provided  for  by  the  Bankruptcy  Act  of  1898,  the  general  orders,  or 
these  rules,  the  practice  of  the  District  Court  shall  be  subject  to  the  special  order 
of  the  District  Judge,  which  order  shall  be  followed  even  though  it  may  conflict 
with  these  rules. 

XXXI. 

DEPOSITORIES  FOR  MONEYS  IN  BANKRUPTCY. 

The  orders  heretofore  made  on  August  20,  1900,  September  4,  1902,  September 
18,  1902,  and  April  24,  1903,  designating  the  Third  National  Bank  of  Buffalo, 
Marine  National  Bank  of  Buffalo,  Columbia  National  Bank  of  Buffalo,  and  Manu- 
facturers and  Traders  National  Bank  of  Buffalo,  as  places  of  deposit  for  moneys 
paid  into  Court  in  bankruptcy  and  as  depositories  for  the  money  of  bankrupt 
estates,  are  hereby  continued,  and  the  said  banks  are  designated  as  such  deposi- 
tories. 

XXXII. 

REVOCATION  OF  FORMER  RULES. 

The  order,  dated  June  9,  1900,  adopting  the  rules  of  the  Northern  District  of 
New  York,  as  in  force  and  effect  on  the  12th  day  of  May,  1900,  but  so  much  thereof 
only  as  relates  to  the  practice  of  bankruptcy,  under  the  Bankruptcy  Act  of  1898, 
as  far  as  may  be  applicable,  as  the  rules  of  practice  of  this  Court,  and  the  various 
subsequent  orders  amending  the  said  rules,  are  and  each  of  them  is  hereby  vacated. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

DISTRICT   OF   MASSACHUSETTS. 


I. 

Petitions  and  schedules  shall  conform  in  size  and  arrangement  to  the  blanks 
now  in  use  in  this  District  and  other  papers  filed  shall  conform  to  such  blanks  as 
nearly  as  may  be.    All  papers  shall  be  written  legibly,  or  printed. 


II. 

Amendments  to  the  schedules  shall  be  sworn  to  and  filed  in  triplicate  with  the 
clerk,  or  with  the  referee. 

Ill, 

Each  item  in  the  schedules  not  otherwise  filled  out,  shall  be  carried  out  by  the 
entry  "  nothing  ". 


The  address  of  creditors  residing  in  cities  and  large  towns  shall  be  given  by 
street  and  number.  If  either  street  or  number  is  unknown,  it  shall  be  so  stated 
in  the  schedule. 


An  individual  petition  filed  by  a  member  of  the  firm  which  is  not  insolvent, 
shall  contain  the  names  and  residences  of  all  members  of  the  firm.  The  schedules 
of  said  petition  shall  show  the  different  classes  of  debts. 


VI. 

The  petition  of  a  corporation  shall  be  signed  by  its  treasurer,  cashier  or  chief 
financial  officer.  The  petition  of  a  banking  corporation  shall  be  signed  by  its  pres- 
ident, cashier  or  treasurer. 

VII. 

A  bankrupt  intending  to  offer  terms  of  composition  to  his  creditors,  may  notify 
the  referee  of  his  intention  to  do  so,  before  the  order  for  the  first  meeting  is  made; 
and  in  such  case,  the  referee  shall  include  in  the  notice  of  the  first  meeting  a 
statement  of  the  terms  of  composition  to  be  proposed. 

645 


646  RULES  IN  DISTRICT  OF  MASSACHUSETTS. 


vin. 

In  case  of  composition  the  deposit  shall  be  sufficient  to  pay  the  proposed 
percentage  upon  all  unsecured  debts  scheduled  by  the  bankrupt,  unless  the  Court 
should  otherwise  order. 

IX. 

Upon  the  acceptance  of  terms  of  composition  by  the  creditors,  the  referee  shall 
send  to  the  clerk's  office  a  list  of  the  claims  proved,  and  his  report  concerning  (1) 
the  examination  of  the  bankrupt,  (2)  the  terms  of  composition  and  the  acceptance 
thereof,  (3)  the  cost  of  proceedings  before  the  referee,  including  those  of  the 
trustee, (4)  the  sufficiency  of  the  deposit,  and  (5)  the  propriety  of  confirming  the 
composition. 

X. 

A  trustee  shall  be  allowed  additional  compensation  for  professional  services 
rendered  in  the  administration  of  the  estate  only  when  the  referee,  before  the 
services  are  rendered,  shall  have  authorized,  in  writing,  the  trustee  to  make  ad- 
ditional charge  therefor.  This  may  be  done  in  the  discretion  of  the  referee,  when 
he  is  of  opinion  that  the  services  are  necessary,  can  be  most  efficiently  rendered  by 
the  trustee,  and  are  not  included  in  the  duties  imposed  upon  the  trustee  by  the 
Bankrupt  Act. 

XI. 

An  itemized  account  shall  be  annexed  to  the  proof  of  debt  in  every  case  where 
this  is  possible. 

XII. 

An  assignment  of  the  right  to  collect  and  receive  a  dividend  in  bankruptcy  or 
a  payment  in  composition,  or  a  waiver  of  the  deposit  in  Court  of  the  consideration 
to  be  paid  by  the  bankrupt  to  a  creditor  in  a  case  where  a  composition  has  been 
offered,  shall  be  acknowledged  before  an  officer  authorized  to  administer  oaths, 
who  shall  certify  that  the  assignor  is  personally  known  to  him. 

No  such  waiver  shall  be  good  or  valid  unless  the  waiving  creditor  shall  have 
filed  a  proof  of  his  claim. 

XIII. 

Under  an  order  for  the  examination  of  a  bankrupt  or  other  witness,  any  person 
interested  may  carry  on  the  examination  as  effectually  as  the  person  at  whose 
instance  the  order  was  made,  and  any  person  interested  may  take  up  and  support 
a  motion  or  petition  filed  by  another  person. 


XIV. 

The  accounts  of  referees  returned  to  Court  under  General  Order  XXVI  shall 
be  filed  with  the  clerk,  and  may  thereafter  be  examined  by  any  person  interested. 
If  no  objection  to  their  allowance  is  filed  within  ten  days  of  their  return,  they  may 
be  allowed  without  further  notice. 


RULES  IN  DISTRICT  OF  MASSACHUSETTS.  647 

XV. 

A  petition  under  General  Order  XXVII  for  the  review  of  a  judgment,  order 
or  finding  made  by  a  referee,  shall  be  filed  within  ten  days  after  the  order  is 
made,  unless  the  time  of  filing  .s  extended  by  the  Court.  A  party  to  such  petition 
who  desires  to  introduce  evidence  other  than  that  taken  before  the  referee,  shall 
apply  in  writing  to  the  Judge  for  leave  to  do  bo,  and  shall  state  in  his  application 
the  substance  of  the  additional  evidence  to  be  offered,  and  the  reason  of  his  failure 
to  introduce  it  before  the  referee. 

XVI. 

A  petition  for  a  rehearing  shall  set  out  the  special  matter  or  cause  for  which 
the  rehearing  is  sought.  It  shall  be  signed  by  counsel,  and  the  facts  therein  stated, 
if  not  apparent  on  the  record,  shall  be  verified  by  oath. 


XVII. 

The  attorney  of  record  of  the  bankrupt  shall  not  act  for  any  creditor  or  for  the 
trustee  in  bankruptcy  proceedings. 

XVIII. 

The  Judge  will  hear  matters  in  bankruptcy  on  Mondays  at  2  p.  m.,  unless  other- 
"wise  ordered.  Any  party  interested  may  set  down  a  matter  for  hearing  at  that 
time,  by  delivering  or  mailing  notices  in  writing  to  the  clerk  of  the  Court,  and  tc 
the  opposing  party,  not  later  than  the  preceding  Thursday. 


RULES  OF  THE  DISTRICT  COURT 


IN   BANKRUPTCY. 

DISTRICT  OF  CONNECTICUT. 


I. 

Petition  should  state  both  debtor's  residence  and  principal  place  of  business- 
during  preceding  six  months  or  greater  part  thereof. 

II. 

All  petitions,  schedules  and  other  papers  should  be  on  law  cap  not  more  than 
ten  inches  wide  or  fifteen  inches  long. 

In  involuntary  cases  as  many  copies  of  petition  should  be  filed  as  there 
are  parties  defendant,  with  one  more  for  the  Clerk. 

All  papers  should  be  properly  folded  and  indorsed  outside  with  1,  No.  of  Case, 
if  known;  2,  Title  of  Court;  3,  Title  of  Case;  4,  Character  of  Paper;  5,  Name  and. 
Address  of  Attorney  presenting  the  same. 

III. 

Petitioners  making  no  deposit  for  oflBcers'  fees  should  be  examined  by  Referee 
in  regard  to  their  means.  If  he  is  not  satisfied  as  to  bankrupt's  inability  to  make 
deposit,  or  as  to  suflBciency  of  assets  to  cover  costs  of  proceedings,  he  should  so 
report  to  Court  and  further  proceedings  will  meantime  be  stayed. 

rv. 

Bankruptcy  motions  will  be  heard  in  U.  S.  Court  Room  at  Hartford,  Monday 
afternoons,  at  2  o'clock.    Five  days'  notice  should  be  given  opposing  parties. 

V. 

Adjudications,  orders  to  show  cause  upon  creditors'  petition,  etc.,  will  be  made 
as  of  the  place  of  official  residence  of  the  presiding  Judge,  upon  the  filing  of  the 
proper  papers  in  the  Clerk's  Office. 

VI. 

Writs  of  subpoena  in  involuntary  cases  should  be  made  returnable  on  the  first 
Monday  after  filing  of  petition  which  will  allow  six  days'  notice  to  be  served  on  the 
debtor.  The  writ  should  contain  notice  to  debtor  or  defendant  that  he  need  not 
appear  on  the  return  day  and  that  five  days  are  allowed  thereafter  for  such  ap- 
pearance and  answer. 

In  case  the  debtor  is  not  found  to  be  served,  the  Marshal  shall  forthwith 
make  return  of  such  fact  into  Court  and  the  Clerk  shall  issue  order  for  publication 
of  notice  of  pendency  of  such  petition  and  of  the  return  day  thereon  two  times  in 
some  newspaper  published  near  the  last  place  of  debtor's  abode  and  until  ten  days 
after  such  notice  shall  have  been  published  no  adjudication  or  reference  shall  be 
made. 

648 


RULES  IN  DISTRICT  OF  CONNECTICUT.  64» 

vn. 

Notice  for  first  meeting  of  creditors  shall  be  published  once  only  unless  specially 
ordered. 

vin. 

The  primary  meeting  of  creditors  to  consider  bankrupt's  proposal  to  offer 
composition  shall  be  ordered  and  creditors  notified  by  the  Referee  without  any 
publication. 

IX. 

Application  for  discharge  or  for  confirmation  of  composition  must  be  filed  in 
Court  and  shall  be  at  once  referred  to  the  Referee  in  Bankruptcy  having  charge  of 
the  case,  who  may  require  a  deposit  in  cash  to  cover  the  expense  of  such  applica- 
tion. 

Such  Referee  shall  thereupon  appoint  a  time  and  place  for  the  consideration 
of  such  application  and  for  the  attendance  and  examination  of  the  bankrupt,  and 
for  appearance  to  show  cause  why  such  application  should  not  be  granted;  and 
such  Referee,  at  least  ten  days  before  the  time  so  appointed,  shall  mail  to  each 
known  creditor  a  notice  thereof,  and  cause  the  same  to  be  once  published,  which 
notice  shall  be  substantially  in  the  following  form,  viz.: 

"  District  Court  of  the  United  States 
"  District  of  Connecticut. 

"  In  the  Matter  of ,  Bankrupt. 

In  Bankruptcy. 

(Upon  Petition  for  Discharge.) 

(Upon  Confirmation  of  Composition.) 

"  Notice  is  hereby  given  that  ,  of  in  the 

County  of and  State  of  Connecticut,  has  filed  his  application, 

dated   A.  D.,  19..,  for  a  discharge  from  all  his  debts  in  bankruptcy   (a 

confirmation  of  composition  of per  cent,  proposed  by  him)  and  that  all  his 

creditors  and  other  persons  interested  objecting  to  such  discharge  (confirmation) 

may  attend  before  Esq.,  Referee  in  Bankruptcy,  at  his  office, 

in ,  Connecticut,  on  the day  of 19 . . , 

at o'clock,  . .  M.,  then  and  there  to  examine  the  bankrupt,  and  to  show  cause, 

if  any  they  have,  why  such  discharge  should  not  be  granted  (composition  should 
not  be  confirmed.)  " 

The  Referee  will  take  all  examinations  on  such  application  and,  if  specifications 
in  opposition  are  filed,  will  take  the  evidence  thereon,  and  ascertain  and  report  the 
facts  and  forward  the  papers  in  the  proceeding  under  such  order  to  the  Judge. 

Each  member  of  a  bankrupt  partnership  should  proceed  for  a  discharge  by 
separate  application. 


Specifications  in  opposition  to  discharge  (confirmation  of  composition)  must 
be  verified  and  filed  with  the  Referee  in  charge  of  the  case  within  ten  days  after  the 
said  return  day,  and  a  copy  thereof  shall  be  served  upon  the  bankrupt's  attorney 
within  the  said  time. 

XI. 
In  cases  where  a  person  shall  be  entitled  to  have  a  trial  by  jury  and  shall  have 


650  RULES  IN  DISTRICT  OF  CONNECTICUT. 

duly  applied  therefor,  the  cause  may  be  continued  to  the  next  regular  term  of  the 
District  or  Circuit  Court  as  the  case  may  be. 


xn. 

General  Order  No.  XXIV  shall  not  be  construed  to  require  Referee  to  transmit 
to  Court  any  statement  of  proofs  of  debt  until  he  shall  have  reason  to  believe  that 
all  claims  have  been  proved,  nor  shall  order  No.  XXVI  be  construed  to  require 
Referee  to  transmit  to  Clerk  other  than  his  general  monthly  reports  of  expenses 
which  need  not  apportion  such  expenses  to  each  particular  case  unless  required 
by  further  order. 

xin. 

When  there  are  no  assets  and  no  trustee  has  been  appointed,  or  applied  for, 
after  a  meeting  of  creditors  duly  called,  unless  dispensed  with  by  order  of  Court, 
the  case  shall  be  deemed  closed  for  the  purpose  of  the  payment  by  the  Clerk  to  the 
Referee  of  the  deposit  for  his  services,  whether  a  discharge  has  been  granted  or 
refused  to  the  bankrupt,  or  when  three  months  have  elapsed  after  the  first  meeting 
of  creditors  without  any  application  by  the  bankrupt  for  his  discharge. 

Where  a  trustee  has  been  appointed,  the  case  shall  be  deemed  closed  and  the 
deposit  for  his  services  paid  to  him  on  the  confirmation  of  a  composition,  or  on 
approval  of  the  trustee's  final  account  and  payment  of  the  final  dividend,  or  upon 
the  trustee's  verified  report  that  no  assets  have  come  into  his  hands  or  were  dis- 
coverable. When  the  case  is  closed,  if  no  trustee  has  been  appointed,  the  deposit 
for  trustee's  services  shall  be  paid  by  the  Clerk  to  the  petitioner's  attorney. 


XIV. 

The  several  referees  in  bankruptcy  in  the  cases  referred  to  them  are  specially 
designated  to  oountersign  checks  as  required  in  (Jeneral  Order  XXIX. 


XV. 

The  notice  required  to  creditors  of  applications  to  dismiss  bankruptcy  pro- 
ceedings both  voluntary  and  involuntary  under  §  59,  g.  of  the  bankrupt  law  of 
July  1,  1898,  before  adjudication  and  reference,  shall  be  by  notice  signed  by  the 
Clerk,  and  inserted  two  times  in  some  newspaper  published  near  the  residence  of 
the  bankrupt  named,  at  least  ten  days  before  any  order  of  dismissal  shall  be  made. 

After  adjudication  and  reference,  the  notices  given  to  creditors  shall  be  such 
as  the  Referee  may  order. 

If  any  creditor  shall  appear  in  opposition  to  the  dismissal  within  the  ten  days, 
the  matter  m  issue  shall  be  placed  on  the  bankruptcy  calendar  for  disposition  on 
the  next  motion  day  in  bankruptcy  at  Hartford. 

See,  In  re  Walder,  18  Am.  B.  B.  419. 

In  re  Hendrick,  14  Am.  B.  R.  794  and  16  Am.  B.  R.  218. 


RULES  OF  THE  DISTRICT  COURT . 

IN   BANKRUPTCY. 

DISTRICT   OF   NEW   JERSEY. 
ADOPTED  MARCH  1.  1910. 


It  is  hereby  ordered,  on  this  first  day  of  March,  1910,  that  the  following  rules 
be  and  they  are  hereby  adopted  and  prescribed  for  the  regulation  of  proceedings 
in  bankruptcy  in  the  District  Court  of  the  United  States  for  the  District  of  New 
Jersey: 


SESSIONS   OF  DISTRICT  COURT. 

The  District  Court  will  be  open  for  the  transaction  of  business  as  a  Court  of 
Bankruptcy  at  the  United  States  court-room,  in  the  city  of  Trenton,  on  Monday  of 
every  week,  at  10:30  o'clock  in  the  forenoon  except  between  July  15th  and  Sep- 
tember 1st,  when  the  court  is  in  vacation.  The  first  Monday  in  September  being 
Labor  Day,  the  first  motion  day  after  the  summer  vacation  is  always  the  Tuesday 
after  Labor  Day.  When  other  holidays  fall  on  Monday,  or  when  they  fall  on 
Sunday,  and  are  observed  on  Monday,  the  Tuesday  following  is  the  motion  day. 
No  case  or  matter  in  bankruptcy  will,  under  ordinary  circumstances,  be  taken  up 
on  other  days.  In  case  of  the  non-attendance  of  a  Judge  at  the  time  hereby  ap- 
pointed, all  proceedings  shall  be  continued,  as  of  course  and  without  prejudice,  to 
the  next  session  of  the  Court. 

n. 

NOTICE  OF  MOTIONS  AND  OTHER  HEARINGS. 

Motions  must  be  noticed  and  orders  to  show  cause  must  be  made  returnable  on 
Mondays,  at  Trenton.  If  noticed  for  any  other  day,  except  by  leave  of  the  Judge, 
the  notice  will  be  treated  as  a  nullity.  Notice  of  motion,  if  personally  served,  must 
be  served  at  least  five  days  before  the  time  appointed  for  the  hearing.  The  Judge 
or  Referee  may,  upon  an  affidavit  showing  grounds  therefor,  make  an  order  to  show 
cause  why  the  relief  demanded  should  not  be  granted.  When  not  otherwise 
specially  provided  for  by  law,  all  notices  of  other  hearings  and  proceedings  in 
bankruptcy  shall  conform  to  the  foregoing  provisions  as  to  notices  of  motion.  All 
proofs  of  service  of  notices,  notes  of  issue,  etc.,  shall  be  in  the  hands  of  the  Clerk 
at  Trenton  by  the  Saturday  prior  to  the  motion  day  upon  which  the  said  motion  Is 
to  be  argued. 

651 


652  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

m. 

FUSING  PETITION— DEPOSIT  OF  FEES. 

All  petitions  and  schedules  shall  be  originals  (duplicate  and  triplicate  may  be 
in  carbon,  but  each  page  of  all  schedules  must  be  signed  by  the  petitioner  or  bank- 
rupt, and  full  sets  must  be  filed;  if  there  are  no  items,  the  word  "none"  shall  be 
inserted)  and  shall  be  filed  in  triplicate  with  the  Clerk  at  his  office  in  Trenton. 
At  the  time  of  filing  a  petition  thirty  dollars  shall  be  paid  to  the  Clerk  by  the 
petitioner,  except  in  cases  where  a  petition  is  filed  by  a  voluntary  bankrupt  in 
forma  pauperis,  being  ten  dollars  for  the  Clerk,  fifteen  dollars  for  the  Referee  and 
five  dollars  for  the  Trustee.  In  involuntary  cases  a  deposit  of  ten  dollars  for 
service  fees  shall  also  be  made  with  the  United  States  Marshal  when  petition  is 
filed,  the  unused  balance  of  which  he  shall  immediately  return.  In  case  the  petition 
is  dismissed  it  shall  be  the  duty  of  the  Clerk  forthwith  to  return  to  the  petitioner, 
or  his  attorney,  the  unused  portion  of  the  amount  deposited  for  the  fees  of  the 
Referee  and  Trustee,  respectively.  When  the  Judges  are  both  absent  from  the 
district  it  shall  be  the  duty  of  the  Clerk  to  enter  an  order  as  provided  in  Form  No. 
15,  reciting  such  absence,  and  referring  the  case  to  the  proper  Referee.  When 
either  of  the  Judges  is  present,  a  Court  order  shall  be  entered  as  provided  in  Form 
No.  14. 

IV. 

PROCEEDINGS  IN  COUNTIES  ^VHERE  THERE  IS  NO  REFEREE. 

In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county 
where  there  is  no  Referee  or  where  the  Referee  is  disqualified,  absent,  sick  or 
otherwise  unable  to  act,  the  reference  shall  be  made  to  such  Referee  as  the  Court 
may  select. 


PETITION  IN  FORMA  PAUPERIS. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt,  which  is  accom- 
panied by  an  affidavit  under  subdivision  2  of  section  51  of  the  act,  it  shall  be  the 
duty  of  the  Clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  for 
by  law.  If  the  Clerk  or  the  Referee  to  whom  said  petition  is  referred  has  reason 
to  believe  such  affidavit  is  false,  he  may  file  a  certificate  to  that  effect  and  cause  the 
bankrupt  to  be  examined.  If  upon  such  examination  the  Referee  reports  in  writing 
that  the  statements  contained  in  such  affidavit  are  false,  and  that  the  bankrupt  has 
or  can  obtain  money  with  which  to  pay  said  fees,  such  report  shall  be  sufficient 
proof  upon  which  to  base  proceedings  under  subdivision  4  of  General  Order  No. 
XXXV. 

VL 

REFEREES  TO  FIX   TIME  AND  PLACE  FOR  HEARINGS. 

The  Clerk  shall  mail  a  copy  of  the  order  of  reference  to  the  Referee,  and  there- 
after all  proceedings,  except  such  as  are  required  by  the  act  or  by  the  general 
orders,  to  be  had  before  a  Judge  of  the  Court  shall  be  had  before  the  Referee,  who 
shall  fix  the  time  when  and  the  place  where  he  will  act  upon  the  matters  arising 
in  the  case,  except  that  all  meetings  of  creditors  must  be  held  in  the  county  of  the 
bankrupt.     If  the  Referee  cannot  attend  on  the  day  named  in  order  of  reference 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  653 

he  may  name  a  subsequent  day  within  ten  days  thereafter,  and  give  the  bankrupt 
timely  notice  of  the  change;  but  the  day  first  named  shall  be  the  day  from  which 
the  bankrupt  shall  be  subject  to  the  orders  of  the  Court,  as  provided  in  General 
Order  No.  XII.  If  the  place  named  in  the  order  of  reference  be  manifestly  incon- 
venient as  a  place  of  meeting  for  the  parties  in  interest,  the  Referee  may  fix  a 
more  convenient  place  and  give  the  bankrupt  timely  notice  of  the  change.  (See, 
In  re  Siebert,  13  Am.  B.  R.  348.) 

VII. 

INVOLUNTARY      PETITION— NOTICE      TO      DEBTOR— REFERENCE      ON 

DEFAULT. 

Two  original  involuntary  petitions  must  be  filed  in  cases  where  there  is  only 
one  alleged  bankrupt,  and  as  many  more  original  petitions  shall  be  filed  as  there 
are  respondents;  all  copies,  while  they  may  be  carbons,  shall  be  signed  and  verified 
by  the  petitioning  creditors;  it  shall  then  be  the  duty  of  the  Clerk  to  enter  an  order 
to  show  cause  and  issue  a  subpoena,  as  provided  in  Forms  Nos.  4  and  5,  respect- 
ively, returnable  on  a  court  day,  stating  the  time  and  place  when  the  debtor  is  to 
appear.  In  case  it  is  impossible  to  make  said  subpoena  returnable  on  a  Court  day 
within  the  fifteen  days  provided  by  section  18  of  the  act,  or  for  service  to  be  made 
in  time,  the  Clerk  shall  make  subpoena  returnable  on  either  the  first  or  second 
Court  day  thereafter  without  a  special  order  in  each  case.  There  shall  be  indorsed 
upon  the  subpoena  the  following: 

"  Notice  to  defendant — It  is  not  necessary  for  you  to  appear  on  the  return  day 
of  this  subpoena.  You  may  appear  and  plead  to  the  petition  at  any  time  within 
five  days  after  said  return  day." 

In  case  no  pleadings  are  filed  by  the  bankrupt  or  any  of  his  creditors,  the 
Judge,  or,  in  his  absence,  the  Clerk,  will  enter  the  proper  order  without  further 
appearance  or  motion  on  the  part  of  the  petitioner. 


VIII. 

VOLUNTARY  APPEARANCE  AND  WAIVER  IN  INVOLUNTARY  CASES, 

Alleged  bankrupt  may  file  voluntary  appearance  and  waiver  of  service  of  peti 
tion  if  desired,  in  which  case  the  Clerk  shall  not  be  required  to  issue  subpoena  in 
the  matter,  but  shall  issue  the  usual  order  to  show  cause  as  per  form  No.  4  in  order 
to  establish  the  date  of  the  return  day.  The  solicitor  to  petitioning  creditors  shall 
forthwith  notify  the  alleged  bankrupt  or  his  solicitor  of  such  date,  and  at  the  same 
time  shall  mail  him  a  copy  of  the  petition  in  bankruptcy.  The  case  shall  then 
proceed  in  the  same  manner  as  if  service  had  been  regularly  made  by  the  United 
States  Marshal. 

IX. 

SERVICE   OF   SUBPOENA— PUBLICATION. 

In  involuntary  proceedings,  if  personal  service  of  the  subpoena  cannot  be  made 
Ijy  a  delivery  of  a  copy  thereof  to  the  debtor  or  to  some  adult  person  who  is  a 
member  or  resident  in  the  debtor's  family  at  his  dwelling-house  or  usual  place  of 
abode  within  the  district,  and  if  the  debtor  shall  not  file  an  appearance  within  five 
days  after  the  return  day  of  the  subpoena,  the  Court,  on  proof  by  affidavit  of  the 
foregoing  facts,  and  of  the  whereabouts  of  the  debtor,  will  make  an  order  directing 


654  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

such  debtor  to  appear,  plead,  answer,  or  demur  by  a  day  certain  to  be  designated 
therein,  pursuant  to  section  738  of  the  United  States  Revised  Statutes,  which  order 
shall  be  served  upon  such  absent  debtor,  if  practicable,  wherever  found,  or  if 
personal  service  of  such  order  upon  such  absent  debtor  is  not  practicable,  such 
order  shall  be  published  once  a  week  for  two  consecutive  weeks  (being  three 
publications)  as  the  Court  may  direct;  and  upon  proof  of  such  service  or  publica- 
tion of  said  order  and  of  compliance  with  the  terms  thereof,  proceedings  shall  be 
had  as  upon  personal  service  of  the  debtor  within  the  district. 

Upon  the  petition  of  one  or  more  of  several  copartners,  where  some  other 
member  or  members  of  the  firm  refuse  to  join  in  the  petition,  the  like  proceedings, 
if  there  are  firm  assets,  must  be  had  to  bring  in  the  other  copartners. 


X. 

INVOLUNTARY  CASES— TRIPLICATE  SCHEDULES. 

In  involuntary  cases  the  schedules  filed  by  the  bankrupt  or  petitioning 
creditors  (all  pages  of  which  shall  be  signed  as  in  voluntary  cases)  shall  be  filed 
within  ten  days  from  the  rate  of  adjudication  and  shall  be  in  triplicate — one  copy 
for  the  Clerk,  one  for  the  Referee,  and  one  for  the  Trustee — as  in  voluntary  cases. 


XI. 

PLEADINGS   IN  INVOLUNTARY   CASES— TRIAL  BY   JURY. 

Prior  to  the  denial  of  bankruptcy,  as  provided  in  Form  No.  6,  the  pleadings  in 
involuntary  cases  on  the  part  of  the  alleged  bankrupt,  or  any  of  his  creditors  who 
oppose  the  adjudication,  shall  conform  as  nearly  as  may  be  to  the  pleadings  of  the 
defendant  in  an  equity  action  in  the  Circuit  Court  of  the  United  States. 

In  case  a  jury  trial  is  demanded,  as  provided  by  section  19  of  the  act,  the  Clerk 
shall  enter  an  order  as  provided  in  Form  No.  7,  and  the  issue  shall  be  noticed  for 
trial  on  a  day  to  be  named  by  the  Court,  and  shall  proceed  in  all  respects  like  the 
trial  of  any  action  at  common  law,  except  that  the  Court  may  frame  and  send  to 
the  jury  special  questions  presenting  the  issues  to  be  tried.  Upon  the  coming  in 
of  the  verdict  the  Judge  may,  in  accordance  therewith,  make  an  adjudication  either 
that  the  debtor  is  or  is  not  a  bankrupt.  In  case  a  jury  trial  is  not  demanded,  the 
Judge  may  determine  the  issues  presented  by  the  pleadings,  or  he  may  refer  the 
same,  or  any  specified  issue,  to  the  Referee,  as  Special  Master,  to  ascertain  and 
report  the  facts. 

XII. 

DISMISSAL  OF  PETITION  FOR  TVANT  OF  PROSECUTION. 

Where  a  motion  is  made  prior  to  adjudication  to  dismiss  a  petition  for  lack  of 
prosecution  or  upon  consent,  notice  must  be  given  to  the  creditors  and  all  others 
who  have  appeared  either  as  petitioners  or  in  opposition  to  the  petition  or  other- 
wise; or  their  consents  to  the  entry  of  such  an  order  must  be  obtained. 

XIII. 

VACATING  ORDER  OF  ADJUDICATION— THIRTY  DAYS. 

After  thirty  days  have  elapsed  from  the  date  of  the  order  of  reference  to  a. 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  655 

Referee  of  an  adjudicated  petition  in  voluntary  bankruptcy,  and  no  proceedings 
have  been  taken  therein  by  the  bankrupt,  due  notice  having  been  given  by  the 
Referee  to  the  bankrupt  and  his  attorney  (if  petitioner  is  represented  by  attorney) 
to  proceed  in  the  matter,  and  the  time  not  have  been  enlarged,  the  Referee  shall 
forthwith  report  the  facts  to  the  Court  and  apply  for  an  order  to  show  cause,  to 
be  served  on  the  bankrupt  or  his  attorney,  why  the  order  of  adjudication  should 
not  be  vacated  and  the  petition  dismissed. 


XIV. 

DISCHARGES    AND    COMPOSITIONS. 

o.  The  petition  for  a  discharge  or  for  a  confirmation  of  a  composition  must  be 
filed  with  the  Clerk.  Such  petitions  must  be  duly  verified  and  must  conform  to  the 
provisions  of  General  Order  No.  XXXI  and  of  Forms  Nos.  57  and  61.  There  must 
also  be  presented  before  the  final  discharge  is  granted  a  report  or  certificate  of  the 
Referee  that  the  bankrupt  has,  in  all  things,  conformed  to  the  requirements  of  the 
act;  that  he  has  committed  none  of  the  offenses  and  done  none  of  the  acts  pro- 
hibited in  subdivision  b  of  section  14  of  the  act,  and  that  he  is,  in  the  opinion  of  the 
Referee,  entitled  to  his  discharge. 

6.  When  a  debtor  is  desirous  of  making  an  offer  of  composition  to  his  creditors, 
the  petition  to  consider  the  same  must  be  filed  with  the  Referee  to  whom  the 
matter  is  referred,  requesting  a  meeting  of  the  petitioner's  creditors  to  consider 
the  same.  The  Referee  shall  call  such  meeting  and  after  final  consideration  of 
creditors,  report  the  proceedings  had  before  him,  with  proofs  of  publication  and 
mailing,  to  the  Court.  He  shall  also  compute  and  report  what  amount  is  required 
to  be  deposited  by  the  bankrupt  to  complete  the  terms  of  the  composition.  On  the 
coming  in  of  the  report  of  Referee  on  petition  for  composition,  a  petition 
must  be  filed  by  the  bankrupt  with  the  Clerk  for  a  rule  that  creditors  show  cause 
why  said  offer  of  composition  should  not  be  confirmed. 

c.  The  petition  for  confirmation  of  composition  shall  set  forth  that  the  com- 
position proposed  has  been  accepted  in  writing  by  a  majority  in  number  and 
amount  of  all  creditors  whose  claims  have  been  allowed;  that  a  fund  sufficient  to 
pay  the  consideration  proposed,  debts  having  priority,  and  the  costs  of  the  pro- 
ceedings has  been  deposited  in  the  depository  of  the  Court  nearest  or  most  con- 
venient to  the  Referee  subject  to  the  order  of  the  Referee  and  Trustee  (if  a  Trustee 
has  been  appointed;  if  not,  then  subject  to  the  order  of  the  Referee).  Thereupon  a 
rule  will  issue  upon  the  creditors  to  show  cause  why  the  proposed  composition 
should  not  be  confirmed.  Objecting  creditors  shall  enter  an  appearance  thereto 
on  the  return  day  and  file  specifications  of  their  objection  within  ten  days  there- 
after. 

d.  Proof  of  mailing  and  publication  shall  be  sent  by  the  Referee  to  the  Clerk  at 
least  two  days  prior  to  the  hearing,  and  the  Clerk  shall  present  the  same  to  the 
Court  at  the  hearing. 

e.  Upon  the  confirmation  of  a  composition  the  Clerk  shall  notify  the  Referee. 
The  Referee  shall  then  prepare  and  mail  to  all  creditors  checks  for  the  amounts 
due  them  respectively,  said  checks  to  be  signed  by  the  Trustee  (if  there  be  one) 
and  countersigned  by  the  Referee,  in  the  same  manner  so  near  as  may  be  as  similar 
acts  are  done  by  them  in  the  usual  administration  of  bankruptcy  estates  where 
there  are  assets  and  where  no  composition  has  been  proposed. 


656  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

XV. 

DISCHARGE— ORDER  TO  SHOW  CAUSE— OPPOSITION  OF  CREDITORS. 

The  order  to  show  cause  why  a  discharge  should  not  be  granted  or  a  composi- 
tion confirmed  may  be  entered  by  the  Clerk.  It  must  state  the  time  and  place  of  the 
hearing,  and  direct  that  the  Referee  give  notice,  as  provided  in  section  58  of  the 
act,  to  all  known  creditors  and  other  persons  in  interest.  The  notice  must  be 
mailed,  and  published  once  at  least,  ten  days  prior  to  said  hearing.  Proof  of 
publication  and  mailing  must  be  presented  on  the  return  day  of  the  order. 
If  no  creditor  or  other  party  in  interest  appears  and  opposes,  the  discharge 
shall  be  granted,  provided  the  Referee  has  certified  that  bankrupt  has  com- 
plied with  the  requirements  of  the  act  and  is  entitled  to  a  discharge.  If  the 
Referee's  certificate  of  conformity  is  not  received  by  the  return  day,  said  return 
day  shall  be  adjourned  from  week  to  week  until  it  is  received.  In  case  a  creditor 
or  other  party  in  interest  desires  to  oppose  the  granting  of  the  discharge,  he  shall 
cause  to  be  filed  on  the  return  day  his  appearance  (in  which  the  creditor's  name 
shall  appear)  in  opposition  to  discharge,  and  file  a  verified  specification  of  the 
grounds  of  his  opposition  within  ten  days  thereafter,  as  provided  in  General  Order 
No.  XXXII.  The  issue  thus  joined  may  be  referred  to  the  Referee  as  Special 
Master,  to  ascertain  and  report  the  facts,  with  his  conclusions  thereon.  Either 
party  may  except  to  said  report  within  ten  days,  and  the  exceptions  may  be  heard 
by  the  Judge  on  any  Court  day  upon  five  days'  notice,  proof  of  which  shall  be  filed 
with  the  Clerk  by  the  Saturday  before  the  day  of  argument. 


XVI. 

ALIiOWANCE  TO  SPECIAL  MASTERS. 

a.  The  issue  under  Rules  11  and  15  shall  be  referred  to  the  Referee  as  a  Special 
Master,  and  he  shall  be  entitled  to  receive  for  his  services  ten  dollars  for  each 
day  (with  proportionate  rates  for  half  and  quarter  days)  actually  spent  in  hearing 
such  reference  and  preparing  his  report.  Such  sum  shall  be  chargeable  in  the 
first  instance  to  the  party  opposing  the  adjudication,  discharge  or  composition 
respectively,  and  indemnity  may  be  demanded  by  the  Referee  before  proceeding 
with  the  hearing.  In  case  the  petition  in  an  involuntary  proceeding  be  dismissed 
with  costs,  such  sum  may  be  taxed  against  the  petitioning  creditors. 

6.  If  a  composition  is  not  confirmed  or  is  set  aside,  such  sum  may,  in  the  dis- 
cretion of  the  Court,  be  ordered  paid  by  the  Trustee. 

c.  In  other  cases,  when  matters  are  referred  to  the  Referee  as  a  Special 
Master  to  take  testimony  and  report  his  findings,  requiring  services  not  devolving 
upon  him  by  virtue  of  his  office  as  Referee,  he  shall  receive  a  like  compensation, 
which  shall  be  chargeable  in  the  first  instance  to  the  party  bringing  on  the  refer- 
ence, and  shall  be  paid  by  the  party  ultimately  defeated  in  such  reference.  Should 
such  references  be  unusually  difficult  or  extraordinary,  a  higher  rate  of  com- 
pensation may  be  paid  if  sanctioned  by  the  Judge. 

d.  In  cases  where  references  are  made  to  Special  Masters  under  section  21a, 
or  in  similar  cases  where  testimony  is  to  be  taken  but  no  findings  are  to  be  filed, 
the  allowance  shall  be  four  dollars  per  day,  or  two  dollars  per  half  day  or  fraction 
thereof. 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  657 

xvn. 

PLEADINGS   WRITTEN   ON   LEGAL   CAP   AND   INDOBSED. 

Attorneys  to  be  Attorneys  or  Counselors  Authorized  to  Practice  in  This  Court. 

a.  All  petitions,  schedules  and  pleadings  shall  be  written,  typewritten,  or 
printed  upon  white  paper  of  the  size  of  legal  cap — approximately  thirteen  inches 
long  by  eight  inches  wide.  All  pleadings  must  be  properly  indorsed  with  the  name 
of  the  court,  the  title  of  the  cause,  and  if  the  parties  appear  by  an  attorney,  his 
name,  with  his  place  of  business.  The  attorney  shall  be  an  attorney  or  counselor 
authorized  to  practice  in  this  Court. 

b.  An  attorney  may  be  admitted  to  practice  in  this  Court  by  coming  to  Trenton, 
having  a  motion  made  by  an  attorney  in  good  standing,  taking  the  oath  and  sign- 
ing the  roll  in  the  oflBce  of  the  Clerk. 

XVIII. 

NOTICES  AND  HOW  SERVED. 

All  notices  required  to  be  given  under  section  58  of  the  act  shall,  in  case  the 
Referee  so  directs,  be  given  by  the  bankrupt  or  his  attorney  in  voluntary  cases, 
and  by  the  petitioner  or  his  attorney  in  involuntary  cases,  and  when  so  given  the 
person  giving  the  notice  shall,  make  return  to  the  Referee  in  the  form  of  an  affidavit 
with  the  notice,  or  a  copy  thereof  annexed,  showing  due  mailing  or  publication  of 
said  notice  as  required  by  law.  The  affidavits  of  mailing  and  of  publication  may 
be  sworn  to  or  affirmed  before  any  officer  authorized  to  administer  oaths  under 
section  20  of  the  act.  The  notice  shall  be  printed  upon  or  inclosed  within  a  sealed 
post-paid  wrapper  or  envelope,  or,  in  the  discretion  of  the  Referee,  said  notice  may 
be  printed  upon  a  postal  card  or  other  card.  It  is  not  intended  by  this  rule  to 
prohibit  the  use  of  "  official  envelopes." 


XIX. 

SALES  OF  BANKRUPT'S  PROPERTY. 

The  sales  of  the  bankrupt's  property  authorized  by  the  act  and  General  Order 
No.  XVIII  shall  be  under  the  direction  of  the  Referee.  Public  sales  shall  be  upon 
the  notice  required  by  section  58  of  the  act  and  such  additional  notice  as  the 
Referee  may  direct,  unless  the  Referee  orders  that  the  property  be  sold  in  the 
manner  authorized  by  said  general  order. 


XX. 

LIST  OF  CLAIMS  AND  ACCOUNTS  TRANSMITTED  TO  CLERK. 

General  Order  No.  XXIV  shall  not  be  construed  to  require  the  Referee  to 
transmit  to  the  Clerk  a  separate  statement  of  each  proof  of  debt,  but  only  that 
he  shall  transmit  a  list  of  the  claims  proved  after  he  has  reason  to  believe  that  all 
the  claims  that  will  be  presented  have  been  proved  against  the  estate. 

General  Order  No.  XXVI  shall  be  construed  to  require  the  Referee  to  transmit 
to  the  Clerk  a  separate  account  of  expenses  in  each  case  which  may  be  referred  to 
him,  at  the  close  thereof. 


658  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

XXI. 

CLERK  TO  TRANSMIT  PAPERS  TO  THE  REFEREE. 

The  Clerk  shall  transmit  all  proofs  of  claims,  and  other  papers  sent  to  hint 
under  General  Order  No.  XX,  subsequent  to  the  reference,  to  the  Referee,  except 
such  papers  which,  by  the  terms  of  said  general  order,  are  required  to  be  filed, 
with  the  Clerk  alone. 

XXII. 

FILING  OF  RETURNS,   REPORTS,   BONDS,   ETC. 

All  returns  and  reports  from  Referees,  or  other  officers  of  the  Court,  shall  be- 
directed  to  the  Clerk  of  the  Court  at  Trenton,  and  all  returns  and  reports  which  by 
law  or  the  general  orders  are  required  to  be  made  to  the  Judge,  shall  be  directed 
to  him  in  care  of  the  Clerk  at  Trenton,  or  to  said  Clerk. 

It  shall  be  the  duty  of  the  Referee  to  transmit  to  the  Clerk  all  appointments 
of  Trustees  immediately  and  all  bonds  of  Trustees,  and  the  orders  approving  the- 
same,  within  five  days  after  the  approval  thereof.  The  Referee  shall  retain  in  his- 
possession  the  papers  and  records  until  said  case  is  finally  closed.  He  shall  then^ 
within  five  days,  transmit  his  record-book  and  all  papers  in  the  case  to  the  Clerks 
together  with  a  certificate  specifying  that  the  case  is  closed. 


XXIII. 
FEES  OF  CLERK,  REFEREE  AND  TRUSTEE— WHEN  PAID. 


The  Trustee's  fee  of  five  dollars,  deposited  with  the  Clerk,  shall  be  paid  to  the- 
Trustee  upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee  have 
been  actually  rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such 
commissions  as  may  be  allowed  by  the  Court,  under  section  48  of  the  act,  upon  the 
order  of  the  Referee  at  the  time  the  dividend  is  made.  The  Referee  shall  be  paid 
his  commissions  at  the  same  time.  In  case  no  Trustee  is  appointed,  as  provided 
in  General  Order  No.  XV,  the  Clerk  shall,  upon  the  certificate  of  the  Referee, 
return  the  five-dollar  deposit  to  the  petitioner. 

In  every  case  the  Clerk  shall  be  entitled  to  receive  the  filing  fee  of  ten  dollars, 
except  as  provided  in  Rules  3  and  5.  The  Clerk  shall  pay  to  the  Referee  the  fifteen 
dollars  deposited  as  a  fee  of  the  Referee,  upon  receiving  the  latter's  certificate 
that  the  case  has  been  closed  and  that  his  services  have  been  rendered.  Where 
there  are  no  assets  the  case  shall  be  deemed  closed  for  the  purpose  of  the  payment 
of  said  fees  to  the  Referee  and  Trustee  when  a  discharge  has  been  granted  or 
'  refused  to  the  bankrupt.  If  no  application  for  a  discharge  has  been  made  the  case 
shall  be  deemed  closed  at  the  expiration  of  two  months  from  the  date  of  the  adju- 
dication. In  cases  where  there  are  assets  the  case  shall  be  deemed  closed  upon  the 
confirmation  of  a  composition  or  the  payment  of  the  final  dividend. 


XXIV. 

MONEY  DRAWN  BY  COUNTERSIGNED  CHECKS. 

When  money  is  deposited  in  the  name  of  the  Clerk  of  the  Court,  or  of  a 
Trustee,  it  shall  not  be  drawn  unless  by  check,  signed  by  said  Clerk  or  Trustee, 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  659 

having  on  its  face  the  title  of  the  cause  and  countersigned  by  a  Judge  of  the  Court 
or  by  the  Referee  in  charge. 

All  checks  must  conform  to  this  rule,  and  also  to  the  requirements  of  General 
Order  No.  XXIX.  The  Clerk  shall  furnish  to  the  depositories  a  copy  of  said  general 
order,  and  also  a  copy  of  this  rule. 

XXV. 

BEFEREES   TO    DIRECT    PROSECUTION    AND    DEFENSE   OF   SUITS     AND 

AXLOW   AMENDMENTS. 

The  Referee  may  direct  the  prosecution  and  the  defense  of  suits  by  the  Trustee, 
as  provided  in  subdivisions  C  and  D  of  section  11  of  the  act.  He  may  allow 
amendments  to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects 
in  all  matters  pending  before  him,  and  he  shall,  in  the  first  instance,  have  full 
power  and  authority  over  the  proof  and  allowance  of  claims,  as  provided  by  section 
57  of  the  act,  and  General  Order  No.  XXI.  When  a  petition  referred  to  a  Referee 
is  insufficient  upon  its  face  to  confer  jurisdiction,  he  shall  return  the  same  to  the 
Clerk,  with  a  statement  of  the  defects  noted  thereon,  and  no  further  proceedings 
shall  be  had  thereon  until  a  new  or  amended  petition  remedying  such  defects  is 
filed  with  the  Clerk. 

The  Referee  may,  upon  his  own  motion,  direct  that  the  schedules  be  made 
more  definite  and  certain,  and  the  Referee  may  direct  that  the  bankrupt  furnish 
any  other  information  regarding  his  property  or  his  creditors  which  the  Referee 
may  deem  essential.     (See,  In  re  Siebert,  supra.) 


XXVT. 

REFEREES  TO  GRANT  STAYS. 

When  a  motion  for  an  injunction  is  pending,  or  is  about  to  be  made,  the 
Referee  may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt  or  other- 
wise, grant  a  temporary  restraining  order  staying  proceedings  until  the  hearing 
and  decision  of  said  motion.  In  case  all  parties  in  interest  agree  that  said  motion 
be  heard  by  the  Referee  in  charge,  they  may  file  with  the  Referee  a  written  stipu- 
lation to  that  effect.  The  decision  of  the  Referee  on  such  motion  shall  be  filed 
with  the  clerk,  and  if  the  Referee  decides  that  an  injunction  shall  issue,  an  order 
to  that  effect  may  be  made  by  the  Judge. 


XXVII. 

REFEREES     MAY     PASS     UPON     RELEVANCY     OF     TESTIMONY     AND 
CONFINE    EXAMINATIONS   WITHIN    REASONABLE    LIMITS. 

Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evid- 
ence in  matters  before  them,  and  shall  have  all  the  powers  of  the  Judge  concern- 
ing the  admission  or  rejection  thereof,  and  shall  note  on  the  record  all  objections, 
the  rulings  thereon  and  the  exceptions  which  may  be  taken;  and  in  cases  where 
testimony  is  excluded  they  shall  note  a  brief  statement  by  the  party  offering  the 
same  of  the  facts  he  expects  to  prove  thereby.  Referees  shall  limit  the  inquiry 
before  them  to  relevant  and  material  matters,  and  in  case  an  examination  or  a 
cross-examination  is  unnecessarily  prolix,  or  improperly  prolonged,  the  Referee 
may,  in  his  discretion,  limit  the  time  of  such  examination;  or  he  may  impose  costs. 


C60  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

including  the  fees  of  the  stenographer  and  other  expenses,  upon  the  party  respon- 
sible for  the  improper  prolongation. 

xxvni. 

RECEIVERS    AND    TRUSTEES    TO    USE    ORIGINAL    TESTIMONY. 

Receivers  and  Trustees  shall  use  the  original  (Referee's  or  Court)  copy  of 
testimony,  and  shall  not  order,  at  the  expense  of  the  estate,  a  copy  for  their  own 
usa 

XXIX. 

HEARING    OF    QUESTION    CERTIFIED    BY    REFEREE. 

After  a  question  has  been  certified  by  the  Referee  pursuant  to  General  Order 
No.  XXVII,  and  as  provided  in  Form  No.  56,  the  papers  shall  be  filed  with  the 
Clerk,  and  the  hearing  may  be  brought  on  before  the  Judge  upon  any  court  day  by 
either  party  by  giving  the  usual  notice  provided  in  Rule  2  of  this  Court. 

Petition  to  review  an  order  of  a  Referee  shall  be  filed  with  said  Referee  within 
thirty  days  of  the  entry  of  such  order. 


XXX. 

IN  RELATION  TO  FRANCHISE  AND  OTHER  TAXES. 

In  all  bankruptcy  cases  wherein  there  are  assets  coming  under  charge  of  a 
Receiver  or  Trustee,  it  shall  be  the  duty  of  the  Receiver  and  of  the  Trustee,  in 
case  no  Receiver  has  been  appointed,  or  the  duty  shall  not  have  been  performed 
by  the  Receiver,  forthwith  to  ascertain  from  the  proper  sources  what  taxes,  if  any, 
including  franchise  taxes,  are  claimed  to  be  due  and  owing  by  the  bankrupt  to  the 
United  States,  the  State  of  New  Jersey,  or  to  the  city,  town  or  other  municipality 
in  which  the  bankrupt  resides,  or  in  which  his  estate,  or  any  part  thereof,  is 
situate,  and  to  make  a  written  report  thereof,  to  the  Referee  if  the  case  shall  have 
been  referred  to  one,  otherwise  to  the  Court,  specifying  the  unpaid  taxes  upon 
each  piece  of  property,  so  far  as  the  same  are  shown  on  the  tax  lists  or  duplicates, 
and  also  the  franchise  taxes,  if  any,  and  the  years  for  which  any  such  taxes  have 
been  imposed,  to  the  end  that  such  order  may  be  made  in  relation  thereto,  if  any, 
as  may  be  deemed  expedient. 

XXXI. 

REFEREES  MAY  MAKE  RULES  IN  PROCEEDINGS  BEFORE  THEM. 

Referees  may  make  other  general  or  special  rules  for  the  guidance  of  pro- 
ceedings before  them  within  their  respective  territorial  jurisdictions,  and  may 
from  time  to  time  alter  and  amend  the  same,  provided  that  such  rules  shall  not  be 
inconsistent  with  the  provisions  of  the  act,  with  the  general  orders  of  the  Supreme 
Court  or  with  these  rules. 

XXXII. 
POWERS  DELEGATED  TO  REFEREES. 
The  Referees  heretofore  or  hereafter  appointed  for  the  district  of  New  Jersey 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  661 

are  hereby  respectively  vested  with  the  jurisdiction  which,  by  the  Bankruptcy  act 
of  July  1st,  1898,  and  the  general  orders  of  the  Supreme  Court,  promulgated  at  the 
October  Term  of  1898,  the  Court  or  Judge  may  delegate  to  or  confer  upon  said 
Referees;  and  they  are  respectively  empowered  and  authorized  to  do  all  acts,  take 
all  proceedings,  make  all  orders  and  decrees  and  perform  all  duties  so  authorized 
to  be  delegated  by  said  act  and  said  general  orders  without  special  authority  In 
each  case  and  under  the  general  authority  conferred  by  this  order. 


XXXIII. 

SPECIAL  ORDER  OF  JUDGE. 

In  cases  not  provided  for  by  the  Bankruptcy  Act  of  1898,  the  general  orders 
or  these  rules,  the  practice  of  the  District  Court  shall  be  subject  to  the  special 
order  of  a  Judge,  which  order  shall  be  followed  even  though  it  may  conflict  with 
these  rules. 

XXXIV. 

REFEREE'S    EXPENSES    AND     FEES. 

There  shall  be  allowed  as  part  of  the  expense  the  following  fees: 

1.  Paid  for  advertisements   (vouchers  annexed). 

2.  For  all  clerical  aid  in  preparing  advertisement  and  notices  to  creditors 
of  first  meeting,  mailing  the  same,  and  proof  thereof,  keeping  register,  files 

and    records,    and    preparing    typewritten    memoranda    of    proceedings    prior    to 
the    first   meeting   of   creditors,    including   stationery,    envelopes,    printing, 

letters,   messages,   and   all   petty   expenses ?5  00 

(In  the  final  account  this  item  may  be  called  "clerical  aid,  etc.,  prior 
to  first  meeting.") 

3.  For  similar  clerical  aid  for  each  of  the  matters  mentioned  in  section 

58,    subdivision    a 5  00 

4.  If  notices  to  creditors  exceed  twenty  in  number,  in  addition  to  the 
above  for  each  notice  in  excess  of  twenty  up  to  fifty  (the  number  of  creditors 

to  be  stated )    10 

5.  For  each  notice  in  excess  of  fifty  (all  special  notices  to  be  paid  for  at 

the  same  rates  by  the  party  asking  them) 05 

6.  For  office  accommodations  and  for  clerical  aid  in  taking  and  keeping 
notes  and  records  of  proceedings  at  first  meeting  of  creditors  up  to  choice 

or  appointment  and   qualification  of  Trustee 2  50 

7.  For  every  other  meeting  of  creditors,  including  any  and  every  ad- 
journed   meeting    1  50 

8.  For  clerical  aid  in  taking  and  perpetuating  testimony  on  the  examina- 
tion of  the  bankrupt  or  other  persons  before  the  Referee  (where  the  parties 
do  not  agree  with  the  Referee's  approval  in  taking  such  examination  by  them- 
selves elsewhere),  whether  taken  in  long-hand  or  transcribed  from  stenog- 
rapher's notes,  to  be  paid  by  the  party  examining  the  bankrupt  or  witness, 

per   folio    10 

9.  For  any  copy  of  testimony,  to  be  paid  by  the  party  ordering  the  same, 

per   folio    10 

10.  For  clerical  aid  in  filing,  recording  and  preserving  any  interlocutory 
order  made  by  the  Referee,  to  be  paid  by  the  party  procuring  it,  each 10 

11.  For  copies  of  orders  or  other  papers,  to  be  paid  by  the  party  ordering 
them,  per  folio 10 


663  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

12.  Clerical  aid  in  receiving,  indorsing,  filing,  recording  and  preserving 
proofs  of  claims,  to  be  paid  by  each  creditor  on  the  allowance  of  the  claim. .         25 

13.  Expenses  of  appraisers  in  appraising  nominal  assets  and  reporting. .     3  00 


XXXV. 

NEWSPAPEBS. 

The  following  newspapers  are  hereby  designated  in  pursuance  of  section  28  of 
the  Bankruptcy  act  for  publication  of  official  notices  and  orders: 


County.  Newspaper.  Address. 


Atlantic Daily  Union Atlantic  City. 

Bergen Bergen  County  Democrat Hackensack. 

Burlington New  Jersey  Mirror Mt.  Holly. 

Camden Camden  Courier Camden. 

Cape  May Star  and  Wave  . .      Cape  May  City, 

Cumberland Bridgeton  Evening  News Bridgeton. 

Essex Newark  Evening  Star  and  Advertiser Nevv^ark. 

Gloucester Gloucester  County  Democrat Woodbury. 

Hudson Jersey  Journal Jersey  City. 

Hunterdon Hunterdon  County  Democrat Fleinington. 

Mercer True  American Trenton. 

Middlesex  New  Brunswick  Home  News New  Brunswick. 

Monmouth Long  Branch  News Long  Branch. 

Morris True  Democratic  Banner Morristown. 

Ocean .  Times  and  Journal Lakewood 

Passaic Paterson  Morning  Call Paterson. 

Salem Salem  Sunbeam Salem. 

Somerset Unionist-Gazette Somerville. 

Sussex  New  Jersey  Herald    Newton. 

Union ,  Summit  Record Summit. 

Warren Belvidere  Apollo Belvidere. 


XXXVI. 

DEPOSITORIES   FOR    MONEY    OF    BANKRUPT    ESTATES. 

The    following   banking    institutions    arehereby    designated    in    pursuance    of 
section  61  of  the  Bankruptcy  act  as  depositories  for  money  of  bankrupt  estates: 

Address.  Depository. 

Atlantic  City Second  National  Bank. 

"  Guarantee  Trust  Co. 

Belvidere Belvidere  National  Bank. 

Bridgeton Bridgetown  National  Bank. 

Burlington  Mechanics  National  Bank. 

Camden Camden  Safe  Deposit  and  Trust  Co. 

"         Security  Trust  Co. 

Centraf  Trust  Co. 

Cape  May    Merchants  National  Bank. 

Freehold First  National  Bank. 

"        Central  National  Bank. 

Hackensack Peoples  National  Bank. 

Hoboken Second  National  Bank. 

Jersey  City First  National  Bank 

"  Commercial  Trust  Co.  of  N.  J. 

Millville Mechanics  National  Bank. 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  663 

Morristown National  Iron  Bank, 

Newark  Fidelity  Trust  Co. 

" State  Banking  Co. 

Federal  Trust  Co. 

"       Union  National  Bank. 

«•       Merchants  National  Bank. 

«<       Essex  County  National  Bank. 

" National  Newark  Banking  Co. 

New  Brunswick National  Bank  of  New  Jersey. 

"       Peoples  National  Bank. 

"  New  Brunswick  Trust  Co. 

Newton Sussex  National  Bank. 

Passaic Peoples  Bank  and  Trust  Co. 

"       Passaic  National  Bank. 

Paterson Paterson  National  Bank. 

"       German- American  Trust  Co. 

.*...!.! Hamilton  Trust  Co. 

Perth  Amboy First  National  Bank. 

PJainfield Plainfield  Trust  Co. 

Somerville First  National  Bank. 

South  Amboy First  National  Bank. 

Trenton Mechanics  National  Bank. 

Broad  Street  National  Bank. 

Trenton  Trust  and  Safe  Deposit  Co. 

Vineland Vineland  National  Bank. 


XXXVII. 

REPEALEB.  AND  ADOPTION  OF  BANKRUPTCY  RULES. 

All  rules  heretofore  made  which  are  inconsistent  with  the  foregoing  rules  are 
hereby  repealed,  and  these  rules  shall  go  into  effect  on  March  1st,  1910. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

EASTERN  DISTRICT  OF  PENNSYLVANIA. 


In  addition  to  notice  heretofore  provided  for  the  advertisement  in  the  "  Public 
Ledger,"  a  brief  notice  shall  also  be  published  once  in  the  "  Legal  Intelligencer  "  in 
each  bankruptcy  case  from  the  county  of  Philadelphia: 

"  (1)  Of  first  meeting  of  creditors,  stating  the  time  and  place  and  the  name 
of  the  referee. 

(2)  Of  the  appointment  of  the  trustee  stating  his  name  and  residence  or  place 
of  business. 

(3)  Of  the  time  and  place  of  hearing  upon  the  bankrupt's  petition  to  be  dis- 
charged."    (Minute  Book  D.  C.  Vol.  2  in  Bankruptcy,  p.  12.) 

The  following  rules  in  bankruptcy  went  into  effect  December  10,  1904: 

Unless  the  petition  be  afterwards  allowed  by  a  judge  of  the  district  court  for 
cause  shown  after  notice  to  opposing  interests,  a  review  of  any  action  or  order 
of  a  referee  must  be  asked  for  by  petition  presented  to  him  before  the  expiration 
of  the  tenth  day  after  such  action  is  taken  or  order  is  made,  with  this  exception, 
namely:  A  review  of  the  admission  or  rejection  of  evidence,  if  such  admission  or 
rejection  has  been  duly  objected  to  at  the  time,  may  be  asked  for  within  ten  days 
after  the  referee  has  filed  his  decision  in  the  proceedings  wherein  the  evidence 
was  offered.  Referees  are  instructed  to  disregard  petitions  for  review  when 
presented  after  the  expiration  of  the  period  named,  unless  accompanied  by  an  order 
of  allowance  from  a  judge  of  the  district  court. 

Prompt  notice  of  filing  of  decisions  upon  any  subject  shall  be  given  by  the 
referee  to  counsel  interested. 

The  following  rule  was  adopted  by  the  United  States  Circuit  and  District 
Courts,  September  27th,  1905: 

RULE   III,    SEC.    4. 

Rule  III,  Sect.  4.  Attorneys  and  Counsellors-at-Law,  admitted  to  practice  in 
this  Court,  who  are  not  residents  of  the  Eastern  District  of  Pennsylvania,  and  who 
do  not  maintain  an  office  in  said  District  for  the  regular  transaction  of  busiress, 
shall,  in  each  case  or  proceeding  in  which  they  appear,  have  a  resident  associate 
counsel  who  maintains  an  ofiBce  in  said  District,  upon  whom  all  notices,  rules  and 
pleadings  may  be  served  in  accordance  with  the  rules  and  practice  of  this  Court, 
and  who  may  be  required  to  attend  before  the  Court,  Clerk,  Commissioners, 
Auditors,  Assignees,  Trustees,  Referees  or  other  officer  of  the  Court,  or  before 
Notaries  Public  in  cases  where  testimony  may  be  taken  before  them  in  accordance 
with  the  niles  and  practice  of  the  Court.  The  attendance  of  said  Associate  Counsel 
shall  be  a  sufficient  appearance  for  the  party  or  parties  whom  they  so  represent. 

AND  NOW,  January  2,  1908,  it  is  hereby  ordered  that  the  rule  adopted  this 
day  in  the  Circuit  Court  for  the  Eastern  District  of  Pennsylvania,  concerning  the 
EQUITY  AND  ARGUMENT  LIST,  providing  for  hearings  at  five  periods  during 
the  year,  shall  apply  also  to  all  arguments  in  the  District  Court  except  in  bank- 
ruptcy proceedings,  which  will  be  heard  as  heretofore. 

664 


RULES  IN  EASTERN  DISTRICT  OF  PENNSYLVANIA.      665 

(RULE  OF  CIRCTJIT  COURT  REFERRED  TO.) 

And  now,  January  2nd,  1908,  it  is  ordered  that  Rule  XXVIII  be  amended  by 
substituting  the  following  sections  for  the  present  section  7: 

SECTION  7. 

Section  7.  The  EQUITY  AND  ARGUMENT  LIST  will  be  heard  during  the 
periods  beginning  respectively  on  the  first  Monday  of  January,  May  and  October 
and  on  the  fourth  Monday  of  February  and  November.  If  necessary,  each  period 
will  continue  for  two  weeks. 

SECTION  8. 

Section  8.  Cases  for  this  list  may  be  set  down  upon  the  written  order  of  either 
party  at  least  thirty  days  before  the  beginning  of  any  period;  and  such  order  shall 
certify  that  the  proofs  have  been  closed  or  that  the  case  is  otherwise  properly  at 
issue  for  determination  by  the  court. 

SECTION  9. 

Section  9.  Upon  receipt  of  such  order,  the  clerk  shall  place  the  cause  upon  the 
list  and  notify  counsel  at  which  period  argument  will  be  heard. 

ADDITIONAL  RULE  IN  BANKRUPTCY. 

Unless  a  shorter  time  shall  be  fixed  by  special  order,  forty-eight  hours'  written 
notice  of  an  application  for  the  appointment  of  a  receiver  shall  be  given  (a)  to  the 
bankrupt  or  his  attorney,  (&)to  all  known  creditors  and  other  parties  in  interest, 
so  far  as  practicable,  and  also  (c)  to  their  attorneys.  The  notice  shall  state  the 
names  of  the  applicants  and  the  day,  hour  and  place  of  hearing.  At  the  hearing, 
the  attorney  for  the  application  shall  present  an  affidavit  that  notice  has  been  given, 
setting  out  a  copy  thereof,  the  date  of  mailing,  or  of  other  service,  and  the  names 
and  addresses  of  the  parties  thus  notified. 

No  attorney  shall  be  heard  for  or  against  the  petition  until  he  has  filed  his 
appearance  in  writing,  which  shall  state  the  names  and  addresses  of  the  persons 
whom  he  represents  and  the  nature  and  amounts  of  their  respective  claims. 

No  motion  for  leave  to  intervene,  if  it  is  to  be  followed  by  a  petition  for  the 
appointment  of  a  receiver  on  behalf  of  the  intervening  creditor,  will  be  entertained 
unless  notice  of  the  motion  has  been  given  to  the  attorney  for  the  petitioning 
creditors. 

This  rule  shall  apply  to  similar  motions  before  a  referee.  It  shall  govern  all 
applications  and  motions  presented  on  or  after  August  12th,  1908. 

And  now,  this  9th  day  of  December,  A.  D.  1909,  it  is  ordered  by  the  Court: 

In  addition  to  the  notices  by  advertisement  in  the  "  Legal  Intelligencer  "  pro- 
vided for  by  the  order  of  May  18,  1899,  a  brief  notice  shall  also  be  published  once  in 
that  journal  (4)  of  the  time  and  place  of  hearing  a  petition  for  dismissal  of  the  pro- 
ceeding; (5)  of  the  time  and  place  of  hearing  upon  a  petition  for  the  confirmation 
of  a  composition  with  creditors;  and  (6)  of  the  time  and  place  of  any  sale  of  real 
or  personal  property  by  a  receiver  or  trustee  in  bankruptcy.* 

*  Above  rules  are  not  complete  but  no  other  could  be  obtained. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

DISTRICT  OF  MARYLAND. 
m  EFFECT,  JANUARY  3,  1910. 


I. 

FORMS  OF  PLEADINGS,  ETC. 

All  pleadings,  petitions,  proofs  of  claims  and  orders  filed  in  Bankruptcy  pro- 
ceedings shall  be  typewritten,  printed  or  legibly  written  without  blots,  inter- 
lineations or  erasures,  materially  defacing  the  same,  on  white  paper,  legal  cap  size, 
approximately  thirteen  inches  long  by  eight  inches  wide. 

All  papers  should  be  properly  folded  and  endorsed  outside  with  (1)  number  of 
case;  (2)  title  of  court;  (3)  title  of  case;  (4)  character  of  paper;  (5)  name  and 
address  of  attorney  presenting  the  same. 

Petitions  for  adjudication  shall  state  the  first  name  of  the  debtor  in  full,  where 
he  has  resided,  including  the  street  and  number,  if  any,  and  also  where  his  prin- 
cipal place  of  business,  if  any,  has  been  during  the  preceding  six  months,  or  the 
greater  part  thereof;  and  the  schedules,  as  respects  creditors  in  cities  of  50,000  in- 
habitants or  more,  should  state  the  street  and  number  of  their  last  known  resi- 
dence or  place  of  business,  if  known;  if  not  known,  that  fact  must  be  stated. 

Full  sets  of  schedule  blanks  must  be  filed.  Each  question  contained  in  said 
blanks  must  be  answered  separately.  If  there  are  no  items  applicable  to  any 
particular  blank,  such  fact  should  be  stated  in  said  blank.  Each  schedule  sheet 
must  be  signed  by  the  petitioner  or  petitioners. 

If  the  schedules  do  not  comply  with  the  above  rule,  they  may  be  ordered  to  be 
corrected  by  the  referee  to  whom  the  case  is  referred,  before  further  proceedings 
are  allowed  in  the  case. 

All  amended  or  additional  schedules  shall  be  filed  in  triplicate,  duly  signed 
and  sworn  to,  as  required  for  the  originals. 

n. 

COSTS  WHICH  REFEREE  MAY  REQUIRE  TO  BE  PAID  IN  ADVANCE. 

The  Referee  shall  be  entitled  to  collect,  in  advance  of  services  to  be  rendered, 
costs  and  expenditures  in  accordance  with  the  following  schedule: 

1.  Amounts  required  to  be  paid  for  advertising $ 

2.  For  each  set  of  notices   (not  exceeding  20) 2  00 

For  each  notice  above  20 10 

3.  For  clerical  aid   in   preparing  advertisement   of  first  meeting,   keeping 

register,   files  and   records   including  stationery,   envelopes,   printing, 
messages  and  all  petty  expenses 3  00 

4.  For  certifying  question  to  Judge  for  review  with  necessary  record 3  00 

5.  For  each  meeting    other  than  the  first  meeting  of  creditors  to  be  paid  by 

the  person  or  persons  at  whose  instance  and  request  said  meeting  is 

666 


RULES  IN  DISTRICT  OF  MARYLAND.  667 

held,  per  session   5  00 

6.  For  each  day  necessarily  spent  (provided  it  is  by  order  of  Court  or  upon 
request  of  creditors)  by  Referee  out  of  the  county  of  his  residence  for  first 

or  other   meeting  of  creditors 5  00 

7.  For  copies  of  orders  or  other  papers,  50  cents  each;    if  exceeding  one 

page,  25  cents  additional  for  each  page,  to  be  paid  by  the  party  ordering. 

8.  For  order  on  Bankrupt  to  attend  first  meeting  of  creditors  and  adjourn- 

ments thereof  and  produce  books 50 

9.  For  order  appointing  Trustee  or  certifying  appointment  of  Trustee  by 

creditors,   etc 50 

10.  For  report  of  Referee  on  application  for  discharge 2  00 


III. 

APPOINTMENT  OF  APPRAISERS. 

Pursuant  to  section  38,  sub-section  4  of  the  Act  of  Congress  entitled  "  An  Act  to 
establish  a  Uniform  System  of  Bankruptcy  throughout  the  United  States,"  ap- 
proved July  1st,  1898,  the  court  does  hereby  prescribe  that  in  addition  to  the  other 
duties  of  the  Referees  in  Bankruptcy,  of  this  court,  under  said  Act,  they  shall 
appoint  appraisers  to  appraise  the  real  and  personal  property  belonging  to  bankrupt 
estates,  as  required  by  section  70,  sub-section  b  of  said  Act,  and  fix  their  com- 
pensation. 

IV. 

RATIFICATION  OF  SALES. 

At  least  ten  days'  notice,  by  mail,  shall  be  given  by  the  Referee  to  all  creditors 
of  the  Bankrupt,  of  all  proposed  public  sales  of  real  estate.  Upon  the  report  of  any 
sale,  public  or  private,  of  real  estate,  made  by  any  Trustee  or  Receiver  in  Bank- 
ruptcy, an  order  will  be  passed  by  the  court,  ratifying  said  sale,  on  some  certain 
day  named  in  the  order,  not  less  than  fifteen  days  after  the  date  thereof;  and 
unless  otherwise  specially  ordered  by  the  court,  upon  cause  therefor  being  shown, 
at  least  ten  days'  notice  of  said  order  nisi  shall  be  mailed  to  all  creditors  by  the 
Referee;  and  if  no  exceptions  be  filed  or  cause  exist  for  setting  aside  the  said 
sale,  the  same  will,  at  any  time  after  the  day  so  named,  be  absolutely  ratified 
and  confirmed. 

With  the  consent  of  all  the  parties  interested  therein,  or  in  exceptional  cases 
which  appear  to  the  court  to  require  it,  a  special  order  may  be  obtained  for  the 
immediate  ratification  of  a  particular  sale. 

It  shall  be  the  duty  of  the  Referee,  on  or  before  the  day  named  in  the  order 
for  finally  ratifying  and  confirming  said  sale,  to  file  in  the  clerk's  office,  a  certificate 
that  he  has  given  the  notice  to  creditors  of  the  proposed  sale  and  of  the  order  nisi, 
required  by  this  rule. 

V. 

DUTIES  OF  REFEREES. 

It  shall  be  the  duty  of  Referees  to  give  all  notices  required  by  the  Act  to  be 
given  to  creditors.  Referees  shall  on  all  applications  for  discharge,  certify  to  the 
Court,  not  later  than  the  day  set  for  the  hearing  of  said  application,  that  they  have 
given  the  requisite  notice  to  creditors  of  said  hearing,  and  further,  that  they 
know  of  no  reason,  if  such  be  the  case,  why  said  discharge  should  not  be  granted. 


668  RULES  IN  DISTRICT  OF  MARYLAND. 

Should  the  Referee  know  of  any  reason  why  said  discharge  should  not  be  granted, 
he  should  certify  to  the  Court  his  reasons  therefor. 

In  all  cases  of  sales  of  real  or  personal  property,  where  notice  to  creditors 
is  required  to  be  given,  the  Referee  shall,  on  or  before  the  date  fixed  for  the 
final  ratification  of  said  sale,  certify  to  the  Court  that  such  notice  has  been  given. 

The  Referee's  certificate  of  the  appointment  or  election  of  trustee  or  trustees 
shall  be  promptly  forwarded  to  the  Clerk,  as  well  as  the  Trustee's  bond,  duly 
approved.  All  other  papers,  left  with  the  Referee  to  be  filed,  except  claims  and 
powers  of  attorney,  shall  be  sent  to  the  Clerk  of  this  Court,  to  be  filed  among  the 
papers  in  the  case.  And  if  Court  papers  are  sent  by  the  Clerk  to  the  Referee,  for 
any  purpose,  they  shall  be  returned  to  the  Clerk,  as  soon  as  practicable. 

All  orders  for  the  sale  of  real  and  personal  property,  the  appointment  of 
Receivers  and  approval  of  Receiver's  bonds,  and  for  the  allowance  of  Counsel 
fees,  in  Bankruptcy  cases,  shall  be  signed  by  the  Judge  of  this  Court,  unless 
otherwise  ordered. 

VI. 

EXAMINATION  OF  BANKBUPT. 

At  all  first  meetings  of  creditors,  bankrupts  must  submit  to  the  examination 
provided  in  section  7  (par.  9)  of  the  Bankruptcy  Act,  which  examination  may 
be  conducted  by  the  creditors  or  their  counsel,  or  by  the  Referee  sitting  in  the 
case;  and  said  examination  shall  be  sufficient  in  extent  to  enable  the  Referee  to 
determine  whether  the  Bankrupt  has  complied  with  the  law  in  all  particulars. 


VII. 

DUTIES  OF  TRUSTEES  AND  RECEIVERS. 

It  shall  be  the  duty  of  every  receiver  and  trustee  in  bankruptcy  whether 
acting  alone  or  jointly  with  others,  to  qualify  immediately  after  his  appointment; 
they  shall  then  use  all  due  diligence  in  the  search  for  property  of  every  kind 
whatsoever  which  belongs  to  the  bankrupt  estate  vested  in  them;  and  having  found 
the  same  shall  take  possession  thereof  in  such  manner  as  may  be  lawful.  It  shall 
be  the  duty  of  said  receiver  or  trustee  to  ask  for  the  appointment  of  appraisers 
without  delay,  and  to  aid  said  appraisers  (when  appointed)  in  the  performance 
of  their  duties  by  pointing  out  the  property  of  the  bankrupt,  and  by  furnishing 
to  them  all  proper  and  useful  information  relating  to  said  estate,  to  the  end  that 
all  the  property  of  every  kind  belonging  to  said  estate  shall  be  promptly  inspected, 
inventoried,  valued  and  returned  by  said  appraisers  to  the  court. 

And  before  any  appraisement  and  return  shall  be  filed  with  the  Referee  in 
Bankruptcy,  said  receivers  or  trustees  shall  each  sign  and  append  to  every  return, 
a  certificate  in  form  following: 

The   aforegoing   is    a   true    and   perfect    inventory    of   all   and    singular    the 

Estate  of  every  kind  of Bankrupt,  except  

(a)    which,  after  due  diligence, 

we  (I)  (or  either  of  us)  have  been  able  to  discover.    We  (I)  have  taken  possession 
of  all  said  Estate  except  (b)    and 

(a)  Here  name  any  portion  of  which  said  receivers  or  trustees  have  knowledge  but 
■which  for  any  cause  is  not  contained  in  the  return. 

(b)  Exceptions,  if  any,  to  be  set  out. 


RULES  IN  DISTRICT  OF  MARYLAND.  669 

now  hold  the  same;  we  (I)  know  of  no  concealment,  nor  do  we  (I)  suspect  any  to 
exist;  and  should  we  (I)  find  any,  we  (I)  will,  by  proper  proceedings,  promptly 
tring  the  same  to  the  attention  of  the  Court. 

The  above  certificate  must  be  sworn  to  by  the  said  receivers  or  trustees;  and 
in  case  three  trustees  have  been  appointed  for  one  estate,  by  at  least  two  of  them; 
the  aflSdavit  to  be  made  before  some  officer  authorized  by  the  practice  of  this 
court,  to  administer  oaths,  who  shall  certify  thereto. 

It  is  further  ordered,  that  in  the  event  that  a  proper  inventory,  appraisement 
and  return  of  the  property  of  any  bankrupt  estate  shall  not  be  filed  in  accordance 
with  the  provisions  of  the  law  and  this  rule  within  thirty  days  after  the  appoint- 
ment of  receivers  or  trustees,  it  shall  be  the  duty  of  the  referee  to  whom  said 
case  has  been  referred,  (unless  previously  to  the  expiration  of  said  thirty  days  the 
time  has  been  extended  for  cause  by  order  of  court  upon  petition),  to  notify  said 
receivers  or  trustees  of  their  neglect;  and  if  said  return  shall  not  be  filed  within 
ten  days  thereafter  it  shall  be  the  duty  of  said  referee  to  prepare  and  lay  before 
the  judges  of  this  court  a  rule  upon  said  receivers  or  trustees  to  show  cause  within 
live  days  thereafter  why  they  should  not  be  removed. 

It  shall  be  the  duty  of  all  Trustees  in  Bankruptcy  to  report  to  the  court,  in 
writing,  the  condition  of  estates,  amounts  of  money  in  hand,  and  such  other  de- 
tails as  may  be  required  by  the  court,  as  provided  for  by  the  Act.  It  shall  also 
be  the  duty  of  receivers  appointed  in  bankruptcy  to  report  in  like  manner. 

And  whenever  any  receiver  or  receivers,  trustee  or  trustees  of  any  bankrupt 
estate,  shall  neglect  to  file  any  report  or  statement,  which  it  is  made  his  or 
their  duty  to  file  or  make  by  the  Act,  or  by  any  general  or  special  order  in  bank- 
ruptcy, within  three  months  from  the  date  of  their  appointment,  and  within  every 
three  months  thereafter,  it  shall  be  the  duty  of  the  Referee  to  notify  said  re- 
ceivers or  trustees,  as  the  case  may  be,  by  mail,  that  unless  said  report  or  state 
ment  shall  be  filed  by  them  in  writing  and  duly  sworn  to  within  ten  days  from 
the  date  of  said  notice,  that  a  rule  will  be  laid  upon  them  requiring  them  to  show 
cause  before  the  Judge  why  they  should  not  be  removed  from  oflQce. 


vin. 

CLOSING   OF  CASES. 

All  cases  in  bankruptcy  shall  be  deemed  closed  for  the  payment  of  fees  to  the 
Clerk,  Referee  or  Trustee  at  the  expiration  of  one  year  from  the  date  of  adjudica- 
tion; provided,  however,  that  the  Trustee's  fee  shall  not  be  paid  until  the  final 
report  of  the  Trustee  or  Trustees  shall  have  been  filed. 


IX. 

RECORDING  OF  PAPERS. 

The  Clerk  shall,  in  well-bound  books,  make  up  and  complete  a  record  of  all 
bankruptcy  cases  where  the  title  to  real  estate  is  involved;  said  record  to  consist 
of  such  papers  as  may  be  selected  by  the  Clerk  or  designated  by  the  attorney 
for  the  purchaser  or  purchasers. 

The  cost  of  such  recording  shall  be  paid  out  of  the  assets  of  the  estate,  unless 
otherwise  ordered  by  the  Court. 


670  RULES  IN  DISTRICT  OF  MARYLAND. 


DEPOSITS  AND  WITHDRAWALS  OF  MONEY  BY  RECEIVERS. 

It  shall  be  the  duty  of  receivers  appointed  by  this  court  to  deposit  all  monies 
received  by  them  in  one  of  the  designated  depositories;  and  no  money  shall  be 
drawn  from  the  depository  unless  by  check  or  warrant,  signed  by  such  receiver 
or  receivers,  and  countersigned  by  the  Judge  of  the  Court  or  by  the  Referee  to 
whom  the  case  may  have  been  referred,  or  who  may  be  designated  for  that  purpose 
by  the  Judge,  if  there  has  been  no  adjudication  and  reference  in  the  case,  which 
check  or  warrant  shall  state  the  date,  the  sum  and  the  account  for  which  it  i& 
drawn. 

XI. 

PREMIUMS  ON  BONDS. 

Whenever  trustees  or  receivers  are  required  to  give  a  bond  with  security,  and 
the  same  shall  be  given  with  a  surety  company  as  surety,  and  shall  be  approved, 
then  the  premium  paid  or  to  be  paid  for  such  bond  and  for  the  renewals  thereof, 
if  reasonable,  may  be  allowed  by  the  Referee  as  part  of  the  expense  of  the  adminis- 
tration of  the  estate,  and  the  amount  of  such  premium  paid  or  to  be  paid  shall 
be  endorsed  on  the  bond  before  approval  by  the  Referee. 


RULES  OF  THE  DISTRICT  COURT 

IN    BANKRUPTCY. 

SOUTHERN  DISTRICT  OF  OHIQ. 


*  XIV. 

PETITIONS. 

Petitions  should  state  where  the  debtor  has  resided,  including  the  street 
and  number,  if  any,  and  also  where  his  principal  place  of  business,  if  any,  has 
been  during  the  preceding  six  months,  or  the  greater  part  thereof,  and  also  the 
date  of  any  assignment  or  insolvent  proceedings  under  the  laws  of  a  State.  The 
petitioner  shall  also  aggregate  the  liabilities  set  forth  in  his  schedule  in  bank- 
ruptcy. 

XV. 

PAYMENT  OF  FEES. 

The  Clerk  shall  pay  to  the  Referee  the  $15  deposited  as  the  Referee's  fees  upon 
receiving  his  certificate  that  the  case  has  been  closed  and  his  services  have  been 
rendered.  The  Trustee's  fees  of  $5.00  deposited  with  the  Clerk  shall  be  paid 
to  the  Trustee  upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee 
Lave  been  actually  rendered  and  that  the  case  has  been  closed.  Where  there  are 
no  assets  the  case  shall  be  deemed  closed,  for  the  purpose  of  payment  of  said 
fees  to  the  Referee  and  Trustee,  when  a  discharge  has  been  granted  or  refused  to 
the  Bankrupt.  If  no  application  for  a  discharge  has  been  made  the  case  shall  be 
deemed  closed  at  the  expiration  of  two  months  from  the  date  of  the  filing  of  the 
report  of  the  Referee.  In  cases  where  there  are  assets  the  case  shall  be  deemed 
closed  upon  the  confirmation  of  the  composition  or  the  payment  of  the  final 
dividend. 

XVT. 

NEWSPAPERS  DESIGNATED. 

Thy;  following  newspapers  are  hereby  designated  in  pursuance  of  Section  28 
of  the  Bankruptcy  Act: 

WESTERN  DIVISION. 

Adams  County Adams  County  Record West  Union. 

Brown        "  The  Ree    Ripley. 

Butler        "  The  Republican  News.    Hamilton. 

Champaign  County The  Citizen's  Gazette Urbana. 

Clark  "      The  Sun  Springfield. 

Clermont  "        The  Courier Batavia. 

Clinton  "       The  Journal Wilmington. 

Darke  "       The  Weekly  Tribune Greenville. 

Greene  "       The  Gazette Xenia. 

Hamilton  "       The  Court  Index Cincinnati. 

Highland  "       The  Herald  News Hillsboro. 

Lawrence  "       The  Register Ironton. 

Miami  "        The  Buckeye Troy. 

[*  Note  Rules  I-XTII  do  not  refer  to  bankruptcy  proceedings.] 

671 


672 


RULES  IN  SOUTHERN  DISTRICT  OF  OHIO. 


Montgomery 
Preble 

Scioto 
Shelby 
Warren 


'       The  Dayton  Journal Dayton 

•       The  Register  Eaton. 

•       The  Blade Portsmouth. 

'       The  Journal  Gazette Sidney. 

The  Western  Star Lebanon. 

EASTERN  DIVISION. 


Athens  County The  Messenger-Herald Athens. 


.The  Belmont  Chronicle St.  Cluirsville. 

.  Coshocton  Age Coshocton. 

.The  Gazette Delaware. 

.The  Lancaster  Gazette Lancaster. 

.Record-Republican Washington  C.  H. 

.The  Ohio  State  Journal Columbus. 

.The  Gallia  Times Gallipolis. 

.The  Republican  Press Cambridge. 

.The  Cadiz  Republican Cadiz. 

.The  Journal-Gazette Logan. 

.The  Sun Jackson. 

.The  Herald  Star Steuben ville. 

.The  Republican  News Mt.  Vernon. 

.The  American  Tribune Newark. 

Index-Republican Bellefontaine. 

.The  Enterprise London. 

.  The  Tribune  Telegraph Pomeroy. 

.Monroe  Republican Woodsfield. 

.  The  Herald    McConnellsville. 

.The  Sentinel Mt.  Gilead. 


Belmont 

Coshocton 

Delaware 

Fairfield 

Fayetie 

Franklin 

Gallia 

Guernsey 

Harrison 

Hocking 

Jackson 

Jefferson 

Knox 

Licking 

Logan 

Madison 

Meigs 

Monroe 

Morgan 

Morrow 

Muskingum  County The  Courier Zanesville. 


Noble 

Perry 

Pickaway 

Pike 

Ross 

Union 

Vinton 

Washington 


The  Republican  Journal Caldwell. 

.The  Tribune New  Lexington, 

.The  Union  Herald Circleville. 

The  News Waverly. 

.Scioto  Gazette Chillicothe. 

.The  Tribune Marysville. 

The  Republican Me  Arthur. 

.The  Register Marietta. 


xvn. 

BANKS  DESIGNATED. 

The   following   Banking    Institutions   are   hereby    designated   as    depositories 
of  money  of  Bankrupt  estates  by  Trustees: 

WESTERN  DIVISION. 

Adams  County Adams  County  Bank West  Union. 

Brown       "         Citizens  National  Bank Ripley. 

Butler       "  BMrst  National  Bank Hamilton. 

Champaign  County  . .   National  Bank  of  Urbana Urbana. 


(;iark 

Clermont 

Clinton 

Darke 

Greene 

Hamilton 

Highland 

Lawrence 

Miami 

Montgomery 

Preble 


.Lagonda  National  Bank Springfield. 

.First  National  Bank Batavia. 

.First  National  Bank Wilmington. 

.Farmers  National  Bank Greenville. 

.Xenia  National  Bank Xenia. 

.The  Alles  National  Bank Cincinnati. 

,  Farmers  and  Traders  Bank Hillsboro. 

.First  National  Bank Ironton. 

.  Troy  National  Bank    Troy. 

.Third  National  Bank Dayton. 

.  Preble  County  Nat'l  Bank Eaton. 


RULES  IN  SOUTHERN  DISTRICT  OF  OHIO.  673 

Scioto  "        Portsmouth  Nat'l  Bank Portsmouth. 

Shelby  "         First  Nat'l  Exchange  Bank  ...  .Sidney. 

Warren  "        Lebanon  National  Bank Lebanon. 

EASTERN  DIVISION. 

Athens  County First  National  Bank Athens. 

Belmont     "        First  National  Bank St.  Clairsville. 

Coshocton  County 

Delaware        "         Delaware  Co.  Nat'l  Bank  ...    .   Delaware. 

Fairfield  "         Hocking  Valley  Nat'l  Bank    . .   Lancaster. 

Fayette  "         The  Midland  Nat'l  Bank Washington  C.  H. 

Franklin  "         Clinton  National  Bank Columbus. 

Gallia  "         First  National  Bank Gallipolis. 

Guernsey        "         Old  National  Bank Cambridge 

Harrison  "         Fourth  National  Bank Cadiz. 

Hocking  "         First  Bank Logan. 

Jack-son  "         First  National  Bank Wellstou. 

Jefferson  County Commercial  Nat'l  Bank Steuben  villa. 

Knox  "         First  National  Bank Mt.  Vernon. 

Licking        •'         Peoples  National  Bank Newark. 

Logan  "         ..  Peoples  National  Bank Bellefontaine. 

3Iadison       "        .  .The  Central  Bank    London. 

Meigs  "  Pomeroy  National  Bank Pomeroy. 

Monroe         "         First  National  Bank Woodsfield. 

Morgan         "        Citizens  Bank McConnellsville; 

^Morrow        "        First  National  Bank Cardington. 

Muskingum" Old  Citizens  Nat'l  Bank Zanesville. 

Noble  "        Noble  County  Nat'l  Bank Caldwell. 

Perry  "         Perry  County  Bank  Co New  Lexington. 

Pickaway     "         First  National  Bank Circleville. 

Pike  "        .Hayes,  Jones  &  Co Waverly. 

Ross  "        First  National  Bank Chillico'the. 

Union  "        Peoples  Bank Marysville. 

Vinton  "        Vinton  County  Nat'l  Bank  .    . .  .McArthur. 

Washington"        First  National  Bank Marietta. 

xvm. 

FEES  IN  INVOLUNTARY  CASES. 

Fees  deposited  by  the  petitioner  in  an  involuntary  case  shall  be  returned  to  him 
by  the  Trustee  out  of  the  estate  of  the  Bankrupt  in  all  cases  where  property  suffi- 
cient for  such  purpose  comes  into  the  hands  of  the  Trustee. 


XIX. 

IN  FORMA  PAUPERIS. 

Petitioners  who  have  made  no  deposit  with  the  Clerk  for  services  of  officers 
should  be  examined  by  or  under  direction  of  the  Referee,  on  their  appearance 
before  him,  as  regards  their  means;  and  if  the  Referee  is  not  satisfied  of  the  Bank- 
rupt's inability  to  make  the  deposit,  a  report  thereof  should  be  made  to  the  Judge. 


XX 

RETURN  AND  ANSWER  DAY. 

In  involuntary  cases  return  day  shall  be  within  fifteen  days,  and  answer  day 
shall  be  within  ten  days  thereafter.    In  voluntary  cases  the  first  hearing  before  the 


674  RULES  IN  SOUTHERN  DISTRICT  OF  OHIO. 

Referee  shall  be  within  fifteen  days  of  the  reference,  at  least  ten  days  notice  of 
Buch  hearing  having  been  given. 

XXI. 

WHERE  NO  REFEREE  OR  NEWSPAPER. 

In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any 
County  where  there  is  a  vacancy  in  the  oflBce  of  Referee,  or  where  the  Referee  is 
disqualified,  absent,  sicli  or  otherwise  unable  to  act,  reference  is  made  to  the 
Referee  who  Is  most  conveniently  located  to  the  bankrupt's  residence.  In  case  a 
petition  is  filed  by  or  against  a  bankrupt  who  resides  in  a  County  where  there  is 
no  designated  newspaper,  or  where  the  designated  newspaper  for  any  reason 
refuses  to  act,  the  notices  required  by  law  may  be  published  in  a  newspaper 
named  by  the  parties  in  interest  published  in  the  County  where  the  bankrupt 
resides  or  the  major  part  of  his  property  is  situated. 


XXII. 

COUNTERSIGNING  CHECKS. 

The  Referee  before  whom  a  case  is  pending  is  designated  as  the  one  to  counter- 
sign all  warrants  and  checks  for  the  withdrawal  of  money  from  the  depositoryj^ 
under  General  Order  XXIX,  unless  otherwise  specially  ordered  by  Judge. 


XXIII. 

PITBLICATION. 

Notices  of  application  for  discharge  as  provided  for  in  Section  58c,  of  the 
Bankrupt  Act,  shall  be  by  publication  in  the  designated  newspaper  in  each  Coun- 
ty, three  times  in  the  Counties  of  Clark,  Franklin,  Hamilton  and  Montgomery, 
and  twice  in  each  of  the  other  Counties  of  the  District,  and  the  first  publication 
shall  be  not  less  than  ten  days  before  the  day  fixed  for  the  hearing  of  such 
application. 

XXIV. 

BANKRUPTCY   DISTRICTS. 

Each  County  in  this  District  shall  constitute  a  separate  bankruptcy  district  ia 
each  of  which  one  or  more  referees  may  be  appointed. 


XXV. 

SESSIONS  OF  COURT. 

Court  will  sit  in  bankruptcy  as  follows: 

In  the  Western  Division  at  Cincinnati,  on  the  last  Monday  of  January,  Feb- 
ruary, March,   April,   May,   June,   September,   October,  November   and   December. 

In  the  Eastern  Division,  at  Columbus,  on  the  second  Friday  in  February,. 
April,  June,  October  and  December. 


RULES  IN  SOUTHERN  DISTRICT  OF  OHIO.  675 

XXVI. 

REFEREE  TO  GRANT  STAY. 

When  a  motion  for  an  injunction  is  pending  or  is  about  to  be  made,  the 
Referee  may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or 
otherwise  grant  a  temporary  restraining  order  staying  proceedings  until  the 
hearing  and  decision  of  said  motion.  In  case  all  parties  in  interest  agree  that  said 
motion  be  heard  by  the  referee  in  charge,  they  may  file  with  the  Referee  a  written 
stipulation  to  that  effect.  The  decision  of  the  referee  on  such  motion  shall  be  filed 
with  the  Clerk,  and  if  the  Referee  decide  that  an  injunction  shall  issue,  an  order 
to  that  effect  may  be  made  by  the  Judge. 

XXVII. 

HEARING  ON  CERTIFICATES. 

After  a  question  has  been  certified  by  the  Referee,  pursuant  to  General  Order 
No.  XXVII,  and  as  provided  in  form  No.  56,  the  papers  may  be  filed  with  the  Clerk, 
and  the  hearing  may  be  brought  on  before  the  Judge  upon  any  Bankrupt  Court 
Day,  by  either  party,  by  giving  the  usual  notice. 

XXVIII. 

CONDITIONS  OF  DISCHARGE. 

No  discharge  shall  be  granted  to  a  bankrupt  until  the  Referee  has  filed  his 
final  report,  or  a  report  showing  that  the  Bankrupt  has  to  the  date  of  such  report 
complied  with  the  provisions  of  the  Act  of  Congress  and  the  Orders  of  the  Court 
and  the  Referee. 

XXIX. 

WHEN   NO   TRUSTEE   APPOINTED. 

When  the  bankrupt  is  entitled  to  no  exemption  under  the  laws  of  the  State, 
and  the  assets  do  not  exceed  the  deposit  required  to  be  made  by  the  Bankrupt 
for  the  services  of  the  oflScers,  and  the  probable  costs  of  the  proceedings,  no  trustee 
shall  be  appointed  by  the  Referee,  or  elected  by  the  creditors. 


XXX. 

REPEAL  OF  FORMER  RUIiES. 

All  rules  of  the  United  States  District  Court  for  the  Southern  District  of 
Ohio,  heretofore  made  or  promulgated,  except  such  as  are  herein  contained,  are 
hereby  repealed  and  declared  void. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

JSrORTHERN  DISTRICT  OF  ILLINOIS,  EASTERN  DIVISION. 


It  is  hereby  ordered,  that  until  otherwise  ordered  by  the  court  the  following 
temporary  rules  be  and  are  hereby  adopted  and  prescribed  for  the  regulation  of 
proceedings  in  bankruptcy  in  the  United  States  District  Court  for  the  Northern 
District  of  Illinois: 


ADOPTED  MARCH   29,    1899. 

All  notices  required  to  be  given  under  Section  58  of  said  Act  shall  be  printed 
on  postal  cards  or  on  cards  to  which  one  cent  stamps  may,  by  postal  regulations, 
be  attached,  and  said  cards  properly  stamped  and  addressed,  together  with  proper 
blank  affidavit  of  mailing,  which  shall  contain  a  list  of  the  names  of  the  creditors 
to  whom  notices  are  to  be  sent  and  their  respective  addresses,  as  appears  by  the 
schedule  filed  by  the  bankrupt,  shall  be  delivered  by  the  bankrupt  or  his  attorney 
to  the  referee  (except  the  notice  of  the  petition  for  final  discharge  and  affidavit 
of  mailing  thereof,  which  shall  be  delivered  in  like  manner  to  the  clerk  of  this 
court)  at  least  one  day  before  the  same  are  required  to  be  mailed  under  the 
provisions  of  this  Act;  and  the  same  referee  or  clerk,  or  some  person  in  their 
employ,  shall  mail  said  notices  and  execute  the  proper  aflidavit  thereof.  The 
referee  or  clerk  shall  direct  the  form  or  manner  of  publication  and  proof  thereof, 
of  the  notices  mailed  by  them  respectively,  and  shall  sign  the  original  of  each 
notice. 

n. 

ADOPTED  FEB.  8,  1899. 

Where  voluntary  bankrupts  have  heretofore  omitted  to  subscribe  the  several 
sheets  of  their  schedules  attached  to  their  petitions,  they  are  hereby  ordered  so  to 
do,  whether  their  said  petitions  are  in  possession  of  the  clerk,  referee,  or  trustee, 
without  any  further  order  in  their  respective  cases. 


m. 

ADOPTED  MARCH  4,  1899. 

The  petition  for  a  discharge  must  be  in  the  form  prescribed  by  the  Supreme 
Court  (No.  57),  and  shall  be  filed  with  the  clerk,  who  upon  the  presentation  of 
such  petition  to  him  shall  enter  the  order  which  is  part  of  form  No.  57,  and  shall 
set  a  day  for  a  hearing,  not  less  than  ten  days  after  the  date  of  entry  of  such 

676 


RULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D.     C77 

order.  The  clerk  shall  also  attend  to  the  publication  and  mailing  of  such  order, 
and  certify  to  the  same  as  provided  in  form  No.  57,  but  the  clerk  may  require  the 
bankrupt  or  his  attorney  to  prepare  all  necessary  copies  and  notices  in  form  as 
directed.  The  publication  as  aforesaid  shall  be  made  at  least  one  week,  and  the 
copies  shall  be  mailed  to  creditors  at  least  ten  days  prior  to  the  day  named  for 
the  hearing  on  such  petition. 

There  must  also  be  presented  to  the  clerk  at  some  time  before  the  final  dis- 
charge is  granted  a  report  or  certificate  of  the  referee  that  the  bankrupt  has  in  all 
things  conformed  to  the  requirements  of  the  Act  and  that  so  far  as  the  referee 
has  been  able  to  ascertain,  the  said  bankrupt  has  committed  none  of  the  offenses 
and  done  none  of  the  acts  prohibited  in  Subdivision  (b)  of  Section  14  of  the  Act, 
and  that  such  bankrupt  is  in  the  opinion  of  the  referee  entitled  to  his  discharge. 

If  no  creditor  or  other  party  in  interest  appears  and  opposes  on  or  before  the 
day  named  in  the  order  to  show  cause,  the  discharge  may  be  granted.  Opposition 
to  the  discharge  by  a  creditor  or  other  party  in  interest  shall  be  made  in  the 
manner  prescribed  in  general  order  XXXII.  The  issue  thus  joined  may  be  re- 
ferred to  the  referee  to  ascertain  and  report  the  facts  with  his  conclusions  thereon. 
Either  party  may  except  to  such  report,  and  the  exceptions  may  be  heard  by  the 
judge  upon  one  of  the  days  designated  by  him  for  such  hearings. 


IV. 

ADOPTED  MARCH  30,   1899. 

Upon  the  filing  of  a, petition  for  a  meeting  of  creditors  to  consider  a  com- 
position as  per  form  CO  prescribed  by  the  Supreme  Court,  the  matter  shall  be  re- 
ferred by  the  clerk  to  the  proper  referee,  who  shall  give  the  notice  therefor  as 
prescribed  by  rule  I  of  this  court. 

Upon  the  filing  of  a  petition  for  confirmation  of  a  composition  the  referee  shall 
fix  a  day  within  which  parties  in  interest  shall  show  cause  in  opposition  thereto 
in  the  manner  provided  in  general  rule  XXXII,  of  the  Supreme  Court,  and  shall 
mail  notices  thereof  to  the  creditors  in  accordance  with  rule  I  of  this  court,  which 
notices  shall  be  mailed  at  least  ten  days  before  the  said  date  fixed  by  the  referee. 
If  no  creditor  or  other  party  in  interest  shall  appear  in  opposition  to  the  con- 
firmation of  such  composition  within  the  time  so  fixed,  as  provided  in  said  rule 
XXXII,  and  the  bankrupt  shall  file  the  written  approval  of  the  referee  of  the 
composition,  the  same  may  be  confirmed  by  the  court,  but  if  opposition  is  made  to 
such  confirmation,  the  issues  shall  be  by  the  clerk  referred  to  the  referee  to  as- 
certain and  report  the  facts,  together  with  his  conclusions  thereon.  Either  party 
may  except  to  such  report,  and  the  exceptions  may  be  heard  by  the  judge  upon  one 
of  the  days  designated  by  him  for  such  hearings. 


ADOPTED   APRIL  26,    1899. 

The  petitioner  or  petitioners  in  all  cases  in  bankruptcy  shall,  at  the  time  of 
filing  their  respective  petitions,  deposit  with  the  clerk  the  sum  of  five  dollars  ($5) 
to  indemnify  the  referee  for  his  necessary  incidental  expenses,  including  oflUce 
rent,  clerical  aid,  stationery,  etc.,  and  out  of  which  sum  the  referee  may  be  reim- 
bursed for  such  expense.  The  sum  so  advanced  by  the  bankrupt  or  other  person, 
may  be  repaid  him  out  of  the  assets  of  the  estate,  if  any,  as  costs  of  administration. 

Where  expenses  shall  be  incurred  by  the  referee  in  excess  of  said  deposit  of 


678     RULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D. 

five  dollars,  in  any  particular  case,  a  special  order  with  reference  to  the  same  may 
be  made  by  the  judge  on  application  of  the  referee. 

The  referee  shall  keep  an  account  as  against  said  fund,  showing  the  items  of 
disbursements  and  incidental  expenses  incurred  in  each  case. 


VI. 

ADOPTED    MAY    15,    1899. 

In  all  cases  in  this  district,  wherever  funds  are  to  be  distributed  by  the  clerk, 
trustee  or  referee,  the  same  shall  be  by  check  payable  to  the  order  of  the  creditor 
in  whose  name  the  account  is  proved,  or  to  the  attorney  in  fact  of  such  creditor 
or  to  the  assignee  of  such  account  (provided  the  power  of  attorney  or  assignment 
Is  filed  with  the  referee) ;  but  such  check  may  be  delivered  to  the  attorney  of 
record  in  this  court  of  such  creditor  or  assignee.  And  in  all  cases  which  have 
been  referred  to  a  referee,  all  checks  shall  be  signed  by  the  clerk  or  proper  trustee 
and  also  by  the  referee  to  whom  the  cause  has  been  referred,  before  they  are  is- 
sued; and  whenever  the  statute  or  general  rules  provide  for  the  deposit  of  funds 
and  the  checking  out  thereof  under  the  direction  of  the  judge  of  this  court,  it 
shall  be  proper  to  have  same  deposited  in  the  name  of  the  clerk,  and  checks  against 
said  fund  shall  be  signed  by  the  clerk  and  also  by  the  proper  referee  before  they 
are  issued,  except  on  special  cause  shown  in  a  particular  case. 


VII. 

ADOPTED  OCT.  24,  1899. 

All  specifications  of  objections  to  discharge  of  bankrupts  when  duly  filed,  will 
be  referred  by  the  clerk  to  the  proper  referee  to  take  testimony  and  report  the 
Bame  together  with  his  conclusions  thereon  to  the  court. 


vni. 

ADOPTED  JANUARY  5,  1900. 

The  referees  in  bankruptcy  appointed  by  this  court  are  hereby  designated  and 
authorized  to  countersign  checks  drawn  on  funds  in  the  depositories  of  this 
court,  in  the  cases  assigned  to  them  respectively,  whenever  such  checks  are  re- 
quired by  the  terms  of  Supreme  Court  rule  XXIX  to  be  countersigned  by  a  judge 
or  referee. 

IX. 

ADOPTED   JULY   24,    1905. 
Receivers. 

Upon  every  application  for  a  receiver  in  bankruptcy,  notice  thereof  shall  be 
first  given  to  the  bankrupt  unless  it  be  made  to  appear  to  the  court,  by  the  pe- 
tition or  affidavit  showing  the  facts,  that  the  service  of  such  notice  is  im- 
practicable. 

The  receiver,  upon  his  appointment  and  qualification,  shall  proceed  without 


RULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D.     679 

delay,  to  make  an  inventory  of  the  property  coming  to  his  possession,  and  shall 
file  the  same  immediately  upon  its  completion,  with  the  clerk  of  this  court. 

The  receiver  shall  not  employ  an  attorney  or  counsel  without  having  obtained 
leave  of  court  therefor,  upon  written  application,  setting  forth  the  facts  showing 
the  necessity  for  such  employment,  and  no  attorney  or  counsel  for  such  receiver 
shall  be  allowed  compensation  out  of  the  estate  for  services  other  than  for  such 
as  are  reasonably  necessary,  and  of  a  strictly  legal  character. 

No  sale  of  property  shall  be  made  by  a  receiver  unless  he  present  to  the  court 
his  verified  petition  setting  forth  the  necessity  therefor,  and  also  make  it  appear 
to  the  satisfaction  of  the  court,  that  the  estate  will  suffer  loss  unless  sv.ch  sale 
be  m.r.de  before  the  election  of  the  trustee.  In  no  case  shall  a  sale  be  made  with- 
out notice  to  creditors  as  provided  in  section  58  a,  nor  shall  a  sale  be  made  before 
adjudication  without  the  bankrupt's  consent,  except  as  provided  for  in  section 
2    (5)    and  General  Order  in  Bankruptcy  XVIII. 

All  moneys  belonging  to  a  bankrupt  estate,  coming  into  a  receiver's  hands, 
shall  be  by  him  immediately  deposited  in  one  of  the  designated  depositories,  and 
the  same  shall  not  be  withdrawn  except  on  checks  signed  by  the  receiver  and 
countersigned  by  the  clerk  of  this  court,  upon  the  order  of  the  judge  (unless  other- 
wise provided  where  the  receiver  is  conducting  the  business  under  orders  of  the 
court),  provided  checks  may  be  drawn  and  signed,  as  aforesaid,  to  cover  small 
incidental  expenses  in  advance  if  the  judge  so  orders. 

Immediately  upon  the  appointment  and  qualification  of  a  trustee,  the  receiver 
shall  turn  over  to  such  trustee  all  the  money  and  property  in  the  receiver's  pos- 
session, taking  the  trustee's  receipt  therefor,  and  the  receiver  shall  file  his  final  re- 
port and  account  within  five  days  after  the  qualification  of  the  trustee  unless  such 
time  be  extended  by  order  of  the  judge. 

Receivers  shall  receive  for  their  services,  payable  after  they  are  rendered, 
out  of  the  first  moneys  coming  to  the  hands  of  the  trustee,  such  compensation 
as  the  court  may  allow,  provided  that  the  maximum  allowance  to  the  receiver 
shall  not  exceed  the  maximum  to  be  allowed  trustees  for  their  services  under  sec- 
tion 48  (a)  of  the  Bankruptcy  Act  as  amended  February  5,  1903,  for  moneys  dis- 
bursed by  them,  and  provided,  also,  that  where  tangible  property  other  than  money 
is  turned  over  to  a  trustee  by  the  receiver,  such  receiver's  maximum  compensation 
shall  be  based  upon  the  fair  value  of  such  property  in  addition  to  the  aggregate  of 
the  money  actually  disbursed  and  turned  over  to  the  trustee,  or  the  receiver's 
fees  he  held  in  abeyance  until  the  trustee  reduces  the  property  to  money.  See 
opinion  of  Judge  Lowell,  In  re  Cambridge  Lumber  Co.,  136  Fed.  Rep.  983. 


ADOPTED  JULY  24,  1905. 

Petitioning  Creditors. 

It  shall  be  the  duty  of  the  petitioning  creditors,  through  their  attorneys,  to 
procure  the  adjudication  of  the  bankrupt,  as  speedily  as  the  law  permits.  The 
attention  of  petitioning  creditors  and  their  attorneys  is  especially  directed  to 
General  Order  in  Bankruptcy  IX. 

XI. 

ADOPTED  JULY  24,  1905. 

Petition  to  Dismiss  Proceeding's. 

Every  application  to  dismiss  a  voluntary  or  involuntary  petition  in  bank- 
ruptcy, as  contemplated  by  section  59  g  of  the  Bankruptcy  Act,  must  be  by  petition 


680     RULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D. 

in  writing,  signed  by  such  applicant  or  his  attorney  of  record  in  the  case,  and  if 
made  in  an  involuntary  case  before  the  schedules  provided  for  in  section  seven  of 
the  act  have  been  filed,  such  application  must  be  accompanied  by  a  list  of  all  the 
known  creditors  of  the  bankrupt,  which  list  must  either  have  been  sworn  to  by  the 
bankrupt,  or  by  one  of  the  petitioning  creditors  or  his  attorney  in  the  case.  Upon 
the  filing  of  such  petition  to  dismiss,  an  order  will  be  entered  of  record  in  the  case, 
fixing  a  day  more  than  ten  days  after  the  filing  of  the  application,  upon  which 
creditors  and  all  parties  in  interest  may  show  cause  before  the  judge,  if  any 
there  be,  in  opposition  to  such  petition  to  dismiss,  which  order  shall  also  provide 
for  notice  to  be  given  in  accordance  with  section  58a  (8)  of  the  Bankruptcy  Act. 
If  such  application  to  dismiss  is  presented  before  adjudication  and  reference,  the 
notice  aforesaid  may  be  given  by  the  clerk;  if  filed  after  the  adjudication  and 
reference,  the  notice  shall  be  given  by  the  referee  to  whom  the  case  stands 
generally  referred,  and  in  such  case,  a  certified  copy  of  the  order  to  show  cause 
shall  at  once  be  furnished  the  referee.  The  certificate  of  the  clerk  or  referee,  as 
the  case  may  be,  showing  that  the  aforesaid  notice  has  been  duly  given,  shall  be 
filed  in  the  clerk's  oflace  on  or  before  the  day  fixed  in  the  order  to  show  cause. 


REFEREES'     RULES    CONCERNING    PETITIONS    IN 

BANKRUPTCY. 


The  following  rules  governing  the  preparation  of  petitions  and  schedules  in 
bankruptcy,  and  amendments  thereto,  are  hereby  adopted  by  the  referees  for  the 
counties  of  Cook,  Lake  and  McHenry  in  said  district: 


I. 

Petitions  in  voluntary  cases  and  schedules  in  all  cases  must  be  in  the 
printed  form  prescribed  by  the  United  States  Supreme  Court,  and  the  information 
therein  required  must  be  set  out  in  full  under  the  appropriate  headings,  without 
erasure  or  interlineation.  In  Schedule  A,  the  data  called  for  by  each  heading 
must  be  placed  in  the  column  directly  below  such  heading  and  must  be  confined 
within  the  vertical  lines  enclosing  that  column.  The  columns  must  be  so  ruled 
as  to  provide  a  reasonable  space  for  inserting  the  appropriate  matter,  and  in  order 
to  comply  with  this  rule  as  to  Schedules  A  and  B  (1)  it  will  be  necessary  to  use 
forms  with  the  printed  matter  running  lengthwise  of  the  legal  cap  page  so  that 
the  requisite  space  may  be  afforded. 

II. 

The  post  office  address  of  the  bankrupt,  as  well  as  that  of  his  lawyer,  if 
any,  shall  be  endorsed  on  the  wrapper  of  the  petition. 


III. 

The  address  of  each  creditor  must  contain  the  street  number,  city,  and 
that  fact  shall  be  stated. 

IV. 

The  use  of  ditto  marks  is  forbidden  by  Supreme  Court  general  order  V. 
(In  re  Orne,  Fed.  Cas.  10582.) 

V. 

Claims  for  exemption  must  be  itemized  with  amount  of  the  bankrupt's 
valuation  against  each  item,  and  the  total  stated.  The  appropriate  allegation  must 
be  made  if  the  bankrupt  claims  the  exemption  as  the  head  of  a  family. 


VI. 

Oaths  to  the  petition  and  schedules  must  not  be  administered  by  the  at- 
torney of  the  affiant. 

681 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

NORTHERN  DISTRICT  OF  IOWA. 


All  pleadings,  orders,  writs  process  and  proceeds,  both  before  Referees 
and  the  Court  in  Bankruptcy,  shall  contain  the  first  name  of  the  alleged  bankrupt 
in  full. 

If  papers  offered  do  not  comply  with  this  rule,  the  Clerk  and  Referee  shall 
refuse  to  file  the  same,  unless  a  verified  showing  is  made  that  the  first  name  can 
not  be  given. 

n. 

In  all  cases  wherein  there  are  assets,  the  Trustee  shall  as  his  first  duty 
ascertain  what  taxes  are  due  or  that  will  become  due,  or  that  will  be  claimed,  by 
either  a  town,  city,  county,  district,  or  state,  or  government,  and  make  a  written 
report  of  the  facts  and  all  data  to  the  Referee.  If  the  said  matters  are  in  dispute 
the  Referee  shall  determine  the  same  after  due  notice;  and  when  ascertained  the 
Referee  shall  order  them  paid. 

in. 

The  Trustee  shall  ascertain  and  report  to  the  Referee,  before  any  dividend  is 
ordered,  all  debts  which  are  claimed  to  be  entitled  to  priority  of  payment,  and  the 
Referee  shall  make  the  proper  order  for  the  payment.  In  case  of  conflicting  or 
disputed  or  doubtful  claim,  such  order  shall  only  be  made  after  hearing  on  notice 
to  all  parties  in  interest,  including  the  Trustee. 

IV. 

In  cases  wherein  a  first  dividend  is  declared  within  thirty  days  after  the  ad- 
judication under  the  provisions  of  Section  65  of  the  Bankruptcy  Act,  the  Referee 
must  make  due  allowance  for  the  estimated  costs  that  may  be  payable  out  of 
the  estate,  and  for  the  amount  necessary  to  pay  the  debts  having  priority,  and 
shall  then  declare  a  dividend  at  a  per  cent  which  will  enable  payinent  thereof  to 
be  made  upon  all  claims  which  up  to  that  time  have  been  scheduled  or  filed  for 
allowance. 

V. 

When  a  dividend  has  been  declared,  the  referee  shall  fix  the  time  of  payment 
thereof  at  a  date  enabling  him  to  give  ten  days'  notice  thereof  by  mail  to  the 
creditors,  such  notice  to  be  sent  forthwith  to  the  creditors,  and  shall  thereupon  pre- 
pare and  deliver  to  the  Trustee  a  dividend  sheet  containing  the  names  of  the 

682 


RULES  IN  NORTHERN  DISTRICT  OF  IOWA.  683 

creditors  whose  claims  have  been  proved  and  allowed,  the  amount  of  the  dividend 
payable  to  each  creditor,  and  the  date  when  the  dividend  has  been  declared  to  be 
payable,  and  a  statement  of  the  person  by  whom  the  checks  of  the  Trustee,  in  pay- 
ment of  the  dividends,  are  to  be  countersigned. 

VI. 

Upon  receiving  the  dividend  sheet  from  the  Referee,  the  Trustee  shall  forthwith 
prepare  and  have  properly  countersigned  the  checks  upon  the  depository  necessary 
for  the  payment  of  the  dividend  declared  as  shown  by  the  dividend  sheet,  and 
within  ten  days  from  the  date  of  payment  fixed  by  the  Referee,  on  the  dividend 
sheet,  shall  deliver  or  forward  to  the  creditors  entitled  thereto  the  checks  for  the 
dividend  declared. 

VII. 

Except  where  otherwise  directed  by  a  special  order  of  this  Court,  the  dividend 
check  will  be  signed  by  the  Trustee  and  be  countersigned  by  the  Referee  before 
whom  the  case  is  pending. 

VIII. 

Upon  receiving  from  the  Referee  his  record  of  a  concluded  cause  it  shall  be  the 
duty  of  the  Clerk  to  examine  such  record  in  order  to  ascertain  whether  it  complies 
with  the  requirements  of  the  Bankruptcy  Act  and  the  Rules  of  Court,  and  if  omis- 
sions are  found  therein,  to  notify  the  Referee  thereof  to  the  end  that  the  record 
filed  by  the  Referee  shall  be  made  complete  and  when  upon  the  report  of  the  Clerk 
it  appears  that  a  complete  record  has  been  filed  and  all  things  have  been  done 
necessary  to  properly  close  the  estate,  the  District  Court  or  Judge  thereof,  shall 
make  an  order  directing  the  final  closing  of  the  etate  and  the  payment  by  the 
Clerk  of  the  fees  belonging  to  the  Referee  and  Trustee. 

IX. 

In  all  cases  wherein  the  order  of  reference  names  a  day  for  the  attendance 
of  the  Bankrupt  before  the  Referee,  upon  the  receipt  of  such  order,  the  Referee 
shall  enter  the  day  thus  named  upon  his  record,  as  the  time  when  the  Bankrupt 
becomes  subject  to  the  order  of  the  Court,  as  provided  in  Rule  XII  of  the  General 
Orders  in  Bankruptcy,  and  unless  cause  to  the  contrary  exists,  may  continue  the 
time  for  the  personal  appearance  of  the  Bankrupt  to  the  time  and  place  fixed  for 
the  first  meeting  of  the  creditors,  giving  notice  thereof  by  mail  to  the  Bankrupt. 


Petitions  for  review  of  orders  of  Referee,  as  provided  by  General  Order 
XXVII  shall  be  filed  with  the  Referee  within  ten  days  after  the  decision  or  order 
to  be  reviewed  is  made. 

XI. 

Applications  for  discharge  on  behalf  of  Bankrupts  shall  be  filed  with  the 
Clerk  of  the  District  Court,  and  shall  be  forthwith  sent  to  the  Referee  before 
whom  the  cause  is  pending.  Upon  receiving  the  application  for  discharge,  the 
Referee  shall  forthwith  notify  the  creditors  by  mail  of  the  filing  of  the  application 


6S4:  RULES  IN  NORTHERN  DISTRICT  OF  IOWA. 

and  that  if  they  purpose  to  show  cause  against  such  application  an  appearance  in 
opposition  must  be  entered  in  writing  before  the  Referee,  on  or  before  the  time 
fixed  in  such  notice,  and  notice  of  the  time  thus  fixed  shall  be  mailed  or  be  siven  in 
person  to  the  Bankrupt  by  the  Referee,  and  the  Bankrupt  shall  attend  before  the 
Referee  at  the  time  thus  fixed,  if  so  ordered  by  the  Judge  or  Referee. 

If  no  appearance  in  opposition  to  the  application  for  a  discharge  is  filed  before 
the  Referee,  he  shall  forthwith  send  to  the  Clerk  of  the  Court  the  application  for  a 
discharge,  with  his  certificate  showing  that  due  notice  of  the  filing  of  the  applica- 
tion has  been  sent  to  the  creditors,  that  no  appearance  in  opposition  thereto  has 
been  filed  on  behalf  of  any  one,  and  further  certifying  whether  the  Bankrupt  has, 
or  has  not,  fully  complied  with  the  requirements  of  the  Bankruptcy  Act,  so  far 
as  known  to  the  Referee;  and  to  also  certify  the  amount,  if  any,  of  costs  or 
expenses  remaining  unpaid  to  the  Referee  or  Trustee. 

If  an  appearance  in  opposition  is  filed  by  one  or  more  of  the  creditors,  or  persons 
in  interest,  the  Referee  shall  retain  the  matter  until  the  expiration  of  ten  days 
allowed  for  filing  a  specification  of  the  grounds  of  opposition,  and  at  the  expiration 
of  that  time  shall  send  to  the  Clerk  the  application  for  the  discharge  and  the 
specifications  of  the  grounds  of  opposition  thereto,  with  his  certificate  showing  the 
action  taken  before  him.  If  specifications  of  grounds  of  opposition  to  the  discharge 
are  filed  before  the  Referee,  the  Judge,  upon  the  filing  of  the  same  and  the 
certificate  of  the  Referee  with  the  Clerk,  will  fix  the  time  and  place  for  hearing 
the  issues  thus  presented,  and  prescribe  the  notice  to  be  given  of  such  hearing. 

Specifications  of  ground  of  opposition  to  a  discharge  shall  be  verified  by  the 
creditor  or  party  making  the  same.  If  more  than  one  ground  is  relied  upon  each 
shall  be  stated  in  a  separate  specification.  The  specifications  shall  be  numbered 
and  each  shall  contain  a  clear  and  concise  statement  of  the  facts,  without  repeti- 
tion, relied  upon  as  grounds  to  defeat  the  discharge. 

Specifications  not  verified  as  required  by  this  Rule  shall  not  be  received  nor 
filed. 

If  no  opposition  to  the  application  for  a  discharge  is  filed  before  the  Referee,  or 
if  filed,  no  specification  in  support  thereof  is  filed  within  the  ten  days  allowed 
therefor,  the  application  will  be  for  hearing  by  the  Judge  without  further  notice 
to  the  parties.     [See,  In  re  Elby,  19  Am.  D.  B.  734.] 


xn. 

(AS  AMENDED  APRIL  21ST,    1909,) 

Referees  in  bankruptcy  within  the  district  in  all  causes  in  bankruptcy, 
either  voluntary  or  involuntary  pending  before  them  upon  reference  by  the  Judge  or 
Clerk,  shall  have  and  exercise  the  duties  conferred  upon  Courts  of  Bankruptcy  by 
the  provisions  of  Clauses,  2,  3,  5,  6,  7,  11,  17,  and  18  of  Section  2,  of  the  Bankruptcy 
Act;  provided  that  the  duties  conferred  by  Clause  7,  shall  not  be  held  to  authorize 
referees  to  compel  by  summary  or  other  proceedings  persons  other  than  bankrupts 
to  submit  their  rights  to  the  decision  of  the  referee,  nor  those  conferred  by 
Clause  17  to  authorize  referees  to  remove  trustees;  but  the  referee  with  the 
consent  of  parties  in  writing  filed  with  him,  may  hear  and  determine  controversies 
touching  the  estate  between  any  parties  in  interest  therein. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

EASTERN  DISTRICT   OF   MISSOURI. 


I. 

All  notices  and  orders  required  by  law  to  be  published  in  a  newspaper  published 
in  any  county  within  the  Eastern  District  of  Missouri,  outside  of  the  City  of  St. 
Louis,  shall  be  inserted  in  such  newspaper  published  in  such  county  as  shall  be 
designated  by  the  Referee  acting  in  the  case  wherein  such  publication  is  required. 

II. 

Notice  of  the  first  meeting  of  creditors  shall  be  published  once,  unless  other- 
wise ordered  by  the  Court  or  Referee,  and  such  publication  shall  be  made  at  least 
one  week  prior  to  the  day  fixed  for  such  meeting. 

III. 

Th  Referee  is  authorized  to  designate  depositories  for  the  money  of  bankrupt 
estates,  fix  the  amount  of  the  bond  required  from  such  depositories  and  approve 
the  same,  as  required  by  Section  61  of  said  Act. 

IV. 

The  Referee  shall  have  authority  to  cause  the  first  meeting  of  creditors  to  be 
held  and  fix  the  time  and  place  for  holding  the  same;  direct  the  bankrupt  by  order 
to  attend  the  first  meeting  of  creditors,  and  enforce  such  order,  as  in  the  case  of  a 
witness  subpoenaed  to  attend  before  the  Referee;  appoint  a  Trustee  or  Trustees  for 
each  bankrupt  estate  when  the  creditors  fail  to  do  so;  fix  the  amount  of  the  bond 
or  bonds  of  such  Trustee  or  Trustees,  as  required  by  law,  and  properly  record 
the  order  of  approval;  appoint  appraisers  of  the  real  and  personal  estate  of  the 
bankrupt  in  conformity  to  law;  determine  all  controversies  touching  the  claim  of 
the  bankrupt  to  exemptions;  authorize  the  Trustee  or  Trustees  to  institute  suits 
to  recover  property,  debts  and  choses  in  action  belonging  to  the  estate  of  the 
bankrupt,  and  to  continue  the  prosecution  of  suits  begun  by  the  bankrupt  prior 
to  the  adjudication  of  bankruptcy;  allow  claims,  disallow  claims,  reconsider 
allowed  or  disallowed  claims,  and  allow  them  or  disallow  them  against  the  estate 
of  the  bankrupt,  subject  to  review  by  the  court  on  exceptions  filed  within  ten 
days;  and  shall  have  and  exercise  all  powers  and  jurisdiction  vested  by  law  in  the 
court  in  respect  of  the  duties,  acts  and  proceedings  aforesaid. 

V. 

When  the  Judge  is  absent  from  the  District,  and  a  certificate  stating  that  fact, 
signed  by  the  Clerk  of  the  Court,  shall  be  delivered  to  the  Referee,  the  Referee  is 

685 


68G  RULES  IN  EASTERN  DISTRICT  OP  MISSOURI. 

authorized  and  empowered  to  appoint  receivers,  or  the  marshal,  upon  application 
of  parties  in  interest,  in  case  the  Referee  shall  find  it  absolutely  necessary  for  the 
preservation  of  the  estate,  to  take  charge  of  the  property  of  the  bankrupt  after 
the  filing  of  the  petition  and  prior  to  its  being  dismissed  or  the  trustee  being 
appointed,  and  to  exercise  such  jurisdiction  over  the  acts  and  proceedings  of  the 
receiver  or  marshal  in  respect  to  their  acts  and  proceedings,  as  the  court  may  by 
law  exercise. 

VI. 

When  the  Judge  is  absent  from  the  District,  and  a  certificate  stating  that  fact, 
signed  by  the  Clerk  of  the  Court,  shall  be  delivered  to  the  Referee,  the  Referee  is 
authorized  and  empowered  to  direct  the  business  of  the  bankrupt  to  be  conducted 
for  a  limited  time  by  the  receiver  or  marshal,  and  to  order  the  receiver  or  marshal 
to  sell  at  public  or  private  sale  such  perishable  property  of  the  estate  as  cannot, 
without  great  loss  or  deterioration,  be  kept  until  the  trustee  is  appointed  and 
qualified. 

VII. 

Each  of  the  counties  composing  the  Northern  Division  of  the  Eastern  Judicial 
District  of  Missouri,  is  hereby  designated  as  a  "  Referee's  District,"  under  and 
pursuant  to  Section  34  of  this  Act.  The  Referee  for  the  District  of  Marion  County 
is  directed  and  authorized  to  act  as  Referee  in  all  referee  districts  in  the  Northern 
Division  of  the  Eastern  Judicial  District  of  Missouri  in  which  the  services  of  a 
Referee  may  be  required,  and  in  which  at  the  time  said  services  are  required  to  be 
performed,  the  office  of  Referee  for  that  district  may  be  vacant.  Each  of  the 
counties  composing  the  Southeastern  Division  of  the  Eastern  Judicial  District 
of  Missouri,  is  hereby  designated  as  a  "  Referee's  District."  The  Referee  for  the 
District  of  Cape  Girardeau  County  is  directed  and  authorized  to  act  as  Referee  in 
all  referee  districts  in  the  Southeastern  Division  of  the  Eastern  Judicial  District 
of  Missouri  in  which  the  services  of  a  Referee  may  be  required,,  and  in  which 
at  the  time  said  services  are  required  to  be  performed,  the  office  of  Referee  for 
that  district  may  be  vacant.  Each  of  the  counties  composing  the  Eastern  Division 
of  the  Eastern  Judicial  District  of  Missouri,  and  not  including  the  City  of  Saint 
Louis,  is  hereby  designated  as  a  "  Referee's  District."  The  City  of  Saint  Louis  is 
hereby  designated  as  a  Referee's  District,  to  be  known  as  the  District  of  St.  Louis. 
The  Referee  for  the  City  of  St.  Louis  is  directed  and  authorized  to  act  as 
Referee  in  all  Referee  Districts  in  the  Eastern  Division  of  the  Eastern  Judicial 
District  of  Missouri  in  which  the  services  of  a  Referee  may  be  required,  and  in 
which  at  the  time  said  services  are  required  to  be  performed  the  office  of  Reteree 
for  that  District  may  be  vacant. 

vni. 

The  Referee  to  whom  any  case  has  been  or  may  be  hereafter  referred,  shall  be 
empowered  and  authorized  to  order  the  examination  of  the  bankrupt  or  any  other 
designated  person  upon  the  application  of  any  officer,  bankrupt  or  creditor,  in 
accordance  with  the  provisions  of  sections  7,  21  and  58  of  the  Bankrupt  Act. 


IX. 

The  money  of  bankrupt  estates  on  deposit  in  designated  depositories  shall  be 
drawn  out  only  by  check  or  warrant  signed  by  the  Trustee  or  Trustees  of  the  estate 


RULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  687 

and  countersigned  by  the  Referee  acting  in  the  case.  There  shall  be  written  or 
printed  on  the  face  of  each  check  so  drawn  a  brief  statement  of  the  general 
purpose  for  which  the  disbursement  is  made  and  the  Trustee  or  Trustees  of  each 
estate  shall  keep  a  record  of  all  checks  drawn  by  him  in  the  manner  prescribed  in 
General  Order  XXIX. 


No  paper  prepared  for  filing  shall  be  received  unless  it  is  legibly  written  or 
printed  on  paper  of  the  size  commonly  called  "  legal  cap,"  with  a  margin  of  at 
least  one  and  one-half  inches  on  the  upper  end  of  each  page  and  with  a  margin 
of  one  inch  on  the  left  of  each  page.  No  such  paper  shall  be  less  than  one-half 
sheet  and  shall  be  properly  endorsed  with  the  style  and  number  of  the  case  and 
the  character  of  the  paper  filed. 

XI. 

Upon  the  entry  of  an  order  of  adjudication  of  bankruptcy,  unless  otherwise 
ordered  by  the  Court,  the  case  shall  be  forthwith  referred  generally  to  the 
Referee  for  the  District  in  which  the  bankrupt  has  his  principal  place  of  business, 
resides  or  has  his  domicile,  and  after  such  reference,  the  Referee  is  authorized  to 
fix  the  time  when,  and  place  where,  he  will  act  upon  matters  arising  in  the  case. 


xn. 

All  notices  required  to  be  given  by  this  Act  shall  be  served  by  mail  unless  other- 
wise required  by  law  or  the  order  of  the  Court. 


xin. 

The  Clerk  shall  cause  to  be  prepared  for  the  use  of  Referees,  and  deliver  to  them 
upon  application,  blank  forms  of  process,  summons  and  subpoenas,  properly 
attested  with  the  signature  of  the  Clerk  and  seal  of  the  Court,  as  required  by 
General  Order  III. 

XIV. 

The  Referee  is  authorized  to  permit  an  amendment  of  the  petition  and  schedules 
upon  the  application  of  the  bankrupt;  and  the  referee  may,  upon  his  own  motion, 
require  the  bankrupt  to  amend  the  schedules. 


XV. 

When  a  Trustee  desires  to  procure  an  order  for  the  sale  of  the  property  of  the 
bankrupt,  or  any  part  thereof,  such  Trustee  shall  file  with  the  Referee  acting  in 
the  case  a  petition  in  accordance  with  the  requirements  of  General  Order  XVIII, 
describing  the  property  to  be  sold  and  praying  that  the  Referee  make  an  order 
directing  the  sale  of  the  same  in  such  one  of  the  modes  prescribed  in  said  General 
Order  XVIII  as  the  Trustee  may  deem  for  the  best  interest  of  the  estate. 
Upon  the  filing  of  such  petition  (unless  it  appears  that  the  property  sought  to 
be  sold  is  of  such  a  perishable  nature  that  there  will  be  a  loss  if  the  same  is  not 


688  RULES  IN  EASTERN  DISTRICT  OF  MISSOURI. 

sold  immediately  and  without  notice  to  the  creditors),  the  Referee  shall  give  notice 
by  mail  to  the  creditors  of  the  bankrupt  by  addressing  such  notices  to  them 
respectively  at  their  places  of  abode  or  addresses  as  stated  in  the  bankrupt's 
schedules,  of  the  fact  of  the  filing  of  such  petition,  and  that  the  same  will  be 
acted  upon  on  a  day  to  be  named  in  such  notice,  which  day  shall  not  be  less  than 
ten  days  after  the  day  of  mailing  said  notice.  Upon  the  day  fixed  for  the  hearing 
of  such  application  the  Referee  may,  after  due  hearing,  make  an  order  directing 
the  Trustee  to  sell  the  property  described  in  the  petition,  or  any  part  thereof, 
either  at  public  or  private  sale  as  may  appear  to  the  Referee  to  be  for  the  best 
interest  of  the  estate;  or  the  Referee,  in  his  discretion,  may  continue  such  applica- 
tion to  a  later  day  to  be  fixed  by  him. 


XVI. 

Trustees  shall  deposit  all  moneys  and  funds  of  the  estate  in  the  depository 
designated  for  that  purpose,  and  the  moneys  so  deposited  shall  only  be  withdrawn 
upon  an  order  of  the  Court  or  the  Referee,  in  accordance  with  the  requirements 
of  the  General  Orders  and  Rules  in  Bankruptcy. 


XVII. 

When  any  witness  shall  attend  before  the  Court  or  the  Referee,  in  response  to  a 
subpoena  or  other  process  in  any  proceeding  in  bankruptcy,  such  witness  shall 
make  claim  to  his  fees  and  mileage,  if  any,  to  the  Clerk  of  the  Court,  who  shall 
make  an  entry  in  a  book  to  be  kept  for  that  purpose  of  the  amount  allowed 
such  witness,  and  tax  the  same  as  costs  accruing  in  the  cause. 


XVIII. 

When  any  attorney  shall  be  entitled  to  the  allowance  of  a  fee  for  professional 
services  rendered  the  bankrupt,  the  petitioning  creditors  in  involuntary  proceed- 
ings, or  the  Trustee,  he  shall  file  with  the  Referee  a  petition  stating  the  nature  and 
character  of  the  services  performed  by  him  and  the  amount  to  which  he  deems 
himself  entitled  therefor,  and  praying  that  the  same  may  be  allowed  him.  The 
Referee  shall  consider  such  petition  and  the  objections  thereto,  if  any,  of  any  party 
in  interest,  and  shall  allow  said  attorney  such  sum  as  may  be  just,  and  the  same 
shall  be  paid  by  the  trustee  when  he  has  funds  available  for  that  purpose. 


XIX. 

Within  the  first  month  after  their  appointment,  and  at  the  expiration  of  every 
period  of  two  months  thereafter,  the  Trustee  shall  file  with  the  Referee  a  report 
in  writing  stating  the  property  which  has  come  into  his  hands  during  such  period, 
the  part  thereof,  if  any,  which  has  been  disposed  of  and  how  disposed  of;  the 
amount  of  money  which  has  been  received  by  him  and  from  what  sources  received; 
the  amount  of  money  paid  out  and  on  what  account  disbursed;  the  amount  of 
money  on  hand;  the  condition  of  any  suits  or  other  controversies  affecting  the 
property  of  the  estate  to  which  the  Trustee  is  a  party  or  in  which  he  is  interested, 
together  with  such  additional  statements  concerning  the  assets  of  such  estate  as 
may  be  necessary  to  a  correct  understanding  of  the  true  condition  thereof. 


RULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  689 

Preparatory  to  the  declaration  and  payment  to  creditors  of  the  final  dividend 
in  any  estate,  the  Trustee  shall  prepare  and  file  with  the  Referee  a  statement 
showing  : 

(1)  The  gross  amount  of  money  on  hand. 

(2)  The  amount  to  be  deducted  therefrom  on  account  of  debts  having  priority 
over  dividends  and  including:  (a)  taxes;  (b)  the  actual  and  necessary  cost  of 
preserving  the  estate  subsequent  to  the  filing  of  the  petition;  (c)  costs  of  admin- 
istration, including  court  costs,  attorney's  fees,  sums  due  officers  for  fees  or  com- 
missions earned  or  expenses  incurred;  (d)  wages  due  to  workmen,  clerks  or  serv- 
ants having  priority;  (e)  other  debts,  if  any,  entitled  to  priority  by  the  laws  of 
the  State  or  the  United  States. 

(3)  The  net  amount  to  be  distributed  to  general  creditors  by  way  of  dividend. 


XXI. 

When  an  estate  has  been  fully  administered  the  Trustee  shall  file  with  the 
Referee  a  final  report  stating  that  such  estate  has  been  fully  administered  and 
praying  to  be  discharged  from  his  trust.  The  Trustee  shall  file  with  such  final 
report  an  account,  duly  verified  by  affidavit,  showing  in  detail  the  amount  of  money 
received  by  him  as  Trustee,  the  amount  disbursed  and  on  what  account  disbursed, 
with  proper  vouchers  for  all  disbursements  where  it  is  practicable  to  secure  such 
vouchers.  Upon  the  filing  of  such  final  report  and  account  the  Referee  shall  call 
a  final  meeting  of  creditors,  upon  a  day  to  be  named  by  him  not  less  than  fifteen 
days  after  the  day  on  which  said  report  and  account  are  filed,  and  the  Referee 
shall  state  in  the  notice  given  creditors  of  such  final  meeting,  that  the  trustee  has 
filed  his  final  report  and  accounts  and  that  the  same  will  be  acted  upon  at  said 
meeting.  The  Trustee  shall  attend  before  the  Referee  at  the  time  and  place  fixed 
for  such  final  meeting,  and  if  called  upon  to  do  so,  shall  offer  any  evidence  or  ex- 
planation required  of  him  touching  his  conduct  or  the  administration  of  the 
estate.  At  the  time  and  place  fixed  for  such  final  meeting  the  Referee  shall  audit 
said  final  account  and  if  it  appears  that  the  Trustee  has  fairly  and  honestly  ad- 
ministered such  estate  and  duly  accounted  for  all  property  or  money  coming  to 
his  hands,  in  accordance  with  law,  shall  approve  such  account  and  enter  an  order 
discharging  the  Trustee  from  his  trust. 


XXII. 

If  the  schedule  of  a  voluntary  bankrupt  discloses  no  assets  other  than  such 
as  the  bankrupt  is  entitled,  without  regard  to  value,  to  hold  as  exempt,  and  if 
no  creditor  appears  at  the  first  meeting,  the  Referee  may,  by  order  setting  out  the 
facts,  direct  that  no  Trustee  be  appointed;  but  at  any  time  thereafter  a  Trustee 
may  be  appointed  if  the  Referee  shall  deem  it  desirable.  If,  in  accordance  with 
the  foregoing  provision,  no  Trustee  is  appointed  for  an  estate,  the  referee  may 
order  that  no  meeting  of  creditors,  other  than  the  first  meeting,  shall  be  called. 

XXIII. 

Where  the  bankrupt  has  no  property,  other  than  such  as  is  exempt,  and  no 
assets  have  come  into  the  hands  of  the  trustee,  it  shall  be  unnecessary  to  call  a 


690  RULES  IN  EASTERN  DISTRICT  OF  MISSOURI. 

final  meeting  of  creditors,  and  the  Trustee  shall  be  entitled  to  secure  a  discharge 
jErom  his  trust  by  filing  a  report  with  the  Referee  stating  such  facts  and  mak- 
ing it  appear  to  the  satisfaction  of  the  Referee  that  there  is  no  property  of  the 
bankrupt  available  as  assets  of  the  estate. 


XXIV. 

Referees  shall  file  with  the  Clerk,  on  or  before  the  first  Tuesday  in  each  month, 
a  statement  verified  by  oath,  of  the  necessary  expenses  incurred  by  them  in  the 
performance  of  their  duties,  specifying  the  particular  estates  in  which  such  ex- 
penses were  incurred.  When  such  accounts  are  allowed  by  the  Court  the  sum 
allowed  shall  be  paid  to  the  Referee  by  the  Trustee  of  the  estate  chargeable  there- 
with. 

XXV. 

Referees  shall  be  entitled  to  an  allowance  of  $2.00  from  each  estate  adminis- 
tered before  them,  to  cover  necessary  expenses  incurred  by  them  in  the  adminis- 
tration of  the  estate,  for  stationery,  other  than  printed  notices.  Whenever  it  is 
necessary  for  any  Referee  to  rent  and  maintain  an  office  devoted  exclusively  to 
the  conduct  of  bankruptcy  business,  such  Referee  shall  be  entitled  to  a  pro  rata 
allowance,  not  exceeding  five  dollars,  from  each  estate  administered  before  him  on 
account  of  rent,  said  sum  to  be  allowed  and  paid  as  other  expenses  incurred  by 
the  Referee.  Referees  shall  be  allowed  the  sum  of  $5.00  in  each  case  administered 
before  them  as  a  necessary  expense  for  clerical  aid. 


XXVI. 

Where  it  appears  from  the  schedule  that  the  bankrupt  has  no  property  of 
value,  other  than  such  as  is  exempt,  the  Referee  shall  not  be  required  to  proceed 
with  the  administration  of  the  estate  or  to  take  any  action  therein  until  the  peti- 
tioner, or  some  other  person  for  him,  has  deposited  with  the  Referee  the  sum 
of  $30.00  to  cover  the  costs  of  advertising,  printing  and  other  expenses  incidental 
to  the  administration  of  the  estate. 


XXVII. 

Upon  the  filing  of  any  application  for  discharge  in  bankruptcy,  the  same  will 
be  referred,  without  further  order,  to  the  Referee  in  charge  of  the  case  in  which 
the  application  is  made  as  a  Special  Master,  for  a  report  concerning  the  progress 
of  the  case  and  of  any  facts  known  to  him  bearing  upon  the  right  to  a  discharge. 
Such  Special  Master  shall  be  allowed  the  sum  of  Five  Dollars,  unless  a  larger  sum 
be  allowed  to  him  by  special  order  in  any  case,  as  compensation  for  his  services  in 
preparing  and  filing  said  report,  and  he  shall  not  be  required  to  prepare  or  file  the 
same  until  a  deposit  is  made  with  him  to  cover  said  allowance. 


XXVIII. 

When  any  person  shall  desire  a  review  by  the  Judge  of  any  order  made  by  the 
Referee,  he  shall  file  with  the  Referee  his  petition,  therefor,  pursuant  to  General 


RULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  691 

Order  No.  XXVII  within  ten  days  of  the  date  of  making  such  order,  and  if  such 
petition  be  not  filed  within  said  period  of  ten  days,  the  person  affected  by  such 
order  shall  be  deemed  to  acquiesce  therein,  and  to  have  waived  all  right  to  have 
the  same  reviewed  by  the  Judge.  For  good  cause  shown  the  Referee  may  at  any 
time,  within  ten  days  after  the  making  of  any  order  by  him,  extend  the  time  within 
which  a  petition  for  review  may  be  filed  for  a  period  not  to  exceed  thirty  days  from 
the  date  of  granting  such  extension  of  time. 


XXIX. 

When  the  Court  refers  any  matter  specially  to  a  Referee  as  Special  Master 
to  take  evidence,  or  to  report  upon  any  specified  issue  or  issues  of  law  or  fact,  for 
the  information  of  the  Court  (except  applications  for  discharge)  the  Referee  shall 
be  entitled  to  a  per  diem  compensation  at  the  rate  of  $10.00  per  day  for  each  day 
he  is  necessarily  engaged  under  said  order  of  reference.  Five  hours  shall  constitute 
a  day's  work  within  the  meaning  of  this  rule,  but  the  Referee  shall  be  entitled  to  a 
minimum  fee  of  $10.00  for  each  matter  so  specially  referred.  The  fees  of  the  Ref- 
eree under  each  order  of  reference  shall  be  stated  in  his  report,  and  unless  excepted 
to  and  disallowed  by  the  Court,  shall  be  paid  by  the  Trustee  when  he  has  funds 
available  for  the  purpose  or  by  the  moving  party  in  the  matter  which  is  the  sub- 
ject of  the  reference. 

XXX. 


The  Clerk  shall  be  allowed  a  fee  of  seventy-five  cents  for  each  certified  copy 
of  the  petition  for  discharge  and  order  of  notice  thereon  as  expressed  in  Form  57 
of  Forms  in  Bankruptcy,  mailed  pursuant  to  any  order  of  Court  to  the  cred- 
itors of  a  bankrupt,  the  same  to  be  taxed  as  costs,  provided  that  if  there  be  more 
than  twenty  creditors  in  any  case,  the  fee  for  all  such  certified  copies  above  twenty 
shall  be  twenty-five  cents  each  instead  of  seventy-five  cents,  and  that  upon  filing 
of  any  application  for  discharge,  the  Clerk  is  authorized  to  require  of  the  bankrupt 
a  deposit  of  a  sum  of  money  suflScient  to  pay  such  allowance,  the  same  to  be 
refunded  to  the  bankrupt  in  case  there  be  found  to  be  sufficient  assets  in  the  estate 
to  satisfy  the  same. 

XXXI. 

In  case  a  petition  is  filed  by  a  voluntary  bankrupt  which  is  accompanied  by 
an  affidavit  under  subdivision  2  of  Section  51  of  the  Act,  it  shall  be  the  duty  of  the 
Clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  by  law.  If  the 
Clerk  or  the  Referee  to  whom  said  petition  is  referred,  has  reason  to  believe  such 
affidavit  is  false,  he  may  file  a  certificate  to  that  effect,  and  cause  the  bankrupt  to 
be  examined.  If,  upon  such  examination,  the  Referee  reports  in  writing  that  the 
statements  contained  in  such  affidavit  are  false,  and  the  bankrupt  has  or  can 
procure  money  with  which  to  pay  said  fees,  such  report  shall  be  sufficient  proof 
upon  which  to  base  proceedings  under  subdivision  4  of  General  Order  XXXV. 


XXXII. 

When  a  bankrupt  shall  desire  to  secure  the  confirmation  of  a  composition  with 
creditors,  he  shall  deposit  the  money  necessary  to  carry  such  composition  into 
effect  with  the  designated  depository  to  the  credit  of  the  Judge  of  the   Court. 


693  RULES  IN  EASTERN  DISTRICT  OF  MISSOURI. 

Where  any  part  of  the  consideration  to  be  distributed  under  the  proposed  com- 
position shall  consist  of  promissory  notes,  he  shall  deliver  such  notes,  properly 
executed,  to  the  clerk. 

The  application  for  the  confirmation  of  a  composition  shall  be  filed  with  the 
clerk,  and  such  application  shall  be  accompanied  by  the  document,  or  documents, 
evidencing  the  acceptance  of  the  requisite  number  of  creditors,  whose  claims  repre- 
sent the  required  amount.  Upon  the  filing  of  the  application  for  confirmation, 
the  Court  will,  upon  application,  fix  a  day  for  hearing  the  same,  and  it  shall  be  the 
duty  of  the  clerk,  at  least  ten  days  before  the  day  so  fixed,  to  forward  by  mail 
to  each  creditor  named  in  the  bankrupt's  schedules,  directed  to  their  respective 
addresses  as  stated  therein,  a  certified  copy  of  the  order  fixing  the  date  of  such 
hearing. 

The  clerk  shall,  at  least  five  days  before  the  day  fixed  for  the  hearing  on  said 
application,  transmit  said  application  to  the  Referee,  to  whom  the  case  has  been 
referred,  and  it  shall  be  the  duty  of  such  Referee  to  file  with  the  clerk  prior  to  the 
day  fixed  for  the  hearing,  a  report  in  writing,  stating: 

First.  Whether  the  bankrupt  has  been  examined  in  open  court,  or  at  a  meet- 
ing or  his  creditors,  and  filed  in  court  the  schedules  required  to  be  filed  by  the 
bankrupt. 

Second.  The  number  and  aggregate  amount  of  the  claims  of  creditors,  which 
have  been  allowed  against  the  estate  of  the  bankrupt,  and  the  number  and  aggre- 
gate amount  of  the  claims  of  those  creditors  who  have  accepted  in  writing  the 
proposed  composition. 

Third.  The  aggregate  amount  of  the  claims  of  creditors  which  are  entitled 
to   priority. 

Fourth.  The  approximate  costs  of  the  proceeding  in  the  event  that  the  com- 
position is  confirmed,  including  the  expenses  and  fees  of  the  Trustee,  Referee  and 
Clerk. 

Fifth.  Whether  in  his  opinion  the  bankrupt  has  been  guilty  of  any  of  the  acts 
or  failed  to  perform  any  of  the  duties  which  would  be  a  bar  to  his  discharge,  and 
if  so,  in  what  particular. 

Sixth.  Any  other  facts  known  to  the  Referee,  which  have  a  material  bearing 
upon  the  propriety  of  confirming  the  proposed  composition,  and  whether  in  his 
opinion  the  composition  is  for  the  best  interests  of  the  creditors. 

If  upon  the  hearing  the  Court  shall  make  an  order,  confirming  the  proposed 
composition,  it  shall  be  the  duty  of  the  Referee,  to  whom  the  case  has  been  re- 
ferred, to  forthwith  file  with  the  clerk  the  record  of  proceedings  had  before  him 
in  the  case.  Upon  the  filing  of  the  record  of  proceedings  had  before  the  Referee, 
the  clerk  shall  proceed  to  make  distribution,  in  accordance  with  the  terms  of  the 
composition,  the  amount  to  be  distributed  being  computed  upon  the  basis  of  the 
allowed  claims,  in  case  the  claim  has  been  allowed,  and  where  the  claim  has  not 
been  presented  for  allowance,  upon  the  amount  stated  in  the  schedule  as  owing  to 
the  creditor. 

After  making  distribution  in  accordance  with  the  terms  of  the  composition, 
the  clerk  shall  file  a  written  report,  with  proper  vouchers,  showing  the  amount 
of  money,  or  money  and  notes,  received  by  him,  the  amount  distributed  to  each 


RULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  693 

creditor  entitled  to  share  in  the  distribution,  and  the  amount  paid  out  for  costa 
or  fees,  and  the  amount,  if  any,  returned  to  the  bankrupt 


XXXIII. 

All  suits  instituted  by  Trustees  in  Bankruptcy,  process  shall  issue  therein  in 
the  form  of  a  subpoena  directed  to  the  defendant  or  defendants  commanding  them 
to  appear  upon  a  day  to  be  named  therein,  not  less  than  twenty  days  from  the 
date  of  issuing  such  subpoena.  The  defendant  shall  appear  and  plead  within  five 
days  after  the  return  day  named  in  the  subpoena,  provided  he  shall  have  been 
served  with  process  at  least  fifteen  days  before  that  time,  and  if  he  shall  not  have 
been  so  served,  then  he  shall  appear  and  plead  within  twenty  days  after  he  shall 
have  been  served  with  process,  and  any  counter  pleading  on  behalf  of  plaintiff  or 
complainant,  shall  be  filed  within  five  days  thereafter.  In  suits  in  equity,  the  com- 
plainant shall  take  his  evidence  within  thirty  days  after  the  cause  is  at  issue;  the 
defendant  shall  take  his  evidence  within  thirty  days  thereafter;  and  complainant 
shall  take  his  evidence  in  rebuttal  within  fifteen  days  thereafter,  for  good  cause 
shown,  and  after  notice  to  the  adverse  party,  the  Court  may  enlarge  the  time  with- 
in which  the  parties  are  required  to  take  their  evidence.  Evidence  in  equity  causes 
shall  be  taken  in  any  of  the  modes  provided  for  the  taking  of  evidence  in  suits 
in  equity  in  the  Circuit  Courts  of  the  United  States,  unless  the  court,  upon  the 
application  of  either  party,  shall  direct  that  the  cause  be  heard  upon  oral  testimony. 
When  a  cause  is  at  issue,  and  ready  for  trial,  the  Court,  upon  application,  and  after 
notice  to  the  adverse  party,  will  set  the  same  down  for  trial  upon  a  day  to  be 
designated  by  the  Court. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

EASTERN  DISTRICT  OF  LOUISIANA. 


It  Is  Ordered  that  the  following  rules  be,  and  the  same  are  hereby,  pre- 
scribed and  adopted  as  the  rules  governing  the  practice  of  this  Court  in  bankruptcy 
proceedings: 

I. 

FIRST  NAME  OF  BANKRUPT  TO  BE  GIVEN  IN  FULL. 

In  petitions  for  adjudication  of  bankruptcy,  whether  voluntary  or  involuntary, 
the  name  of  the  bankrupt  must  be  given  in  full.  No  adjudication  of  bankruptcy 
will  be  made,  nor  other  proceedings  be  taken  by  the  Referee,  until  either  in  the 
original  petition  or  in  amendment  thereto  duly  made,  the  first  name  of  the  alleged 
bankrupt  is  set  forth  in  full,  and  not  by  initial  only. 

II. 

SCHEDULES. 

The  schedules  of  the  bankrupt,  and  any  amendment,  shall  state  the  names 
and  addresses  of  the  creditors  and  also  the  debtors  of  the  bankrupt,  in  full,  giv- 
ing street  number  as  well  as  post-oflBce  address. 

III. 

POWERS  DELEGATED  TO  REFEREES. 

(a)  Referees  heretofore,  or  hereafter,  appointed  for  the  Eastern  District 
of  Louisiana,  are  hereby  vested  with  all  the  jurisdiction  and  powers  which,  by 
the  said  Bankruptcy  Act  and  the  General  Orders  of  the  Supreme  Court,  promul- 
gated at  the  October  term,  1898,  the  Court  or  Judge  may  delegate  to  such  Referees. 

This  general  order  shall  operate  in  lieu  of  a  special  order  in  each  case. 

(&)  Referees  may  make  rules  for  the  guidance  of  proceedings  before  them 
within  their  respective  territorial  jurisdiction,  and  may  from  time  to  time  alter 
and  amend  the  same;  provided,  that  such  rules  shall  not  be  inconsistent  with  the 
provisions  of  said  Bankruptcy  Act  or  the  General  Orders  of  the  Supreme  Court, 
or  the  orders  or  rules  of  this  Court. 

IV. 

REFEREES   TO    REGULATE   EVIDENCE. 

Referees  shall  pass  and  rule  upon  all  questions  pertaining  to  the  admission  or 

694 


RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA.  695 

rejection  of  evidence  in  all  proceedings  before  them,  and,  if  desired,  shall  note  on 
the  record  all  objections  made  to  the  rulings  thereon;  where  testimony  is  excluded, 
they  shall,  if  requested,  note  a  brief  statement,  by  the  party  offering  the  same,  of 
the  facts  he  expects  to  prove  thereby. 

Referees  shall  limit  the  enquiry  before  them  to  relevant  and  material  matter; 
and,  in  cases  where  an  examination  is  unnecessarily  prolonged,  the  Referee  may 
in  his  discretion,  limit  the  time  of  such  examination,  or  he  may  impose  costs,  in- 
cluding the  fees  of  the  stenographer  and  other  expenses,  upon  the  party  or  parties 
responsible  for  the  improper  prolongation,  and  may  require  provision  to  be  made 
for  the  payment  of  said  costs,  fees  and  expenses. 


ALLOWING  AMENDMENTS  BY  REFEREES. 

Referees  are  authorized  to  permit  amendments  to  the  petition  and  schedules 
upon  the  application  of  the  bankrupt;  and  Referees  may,  of  their  own  motion, 
require  the  bankrupt  to  amend  his  petition  and  schedules. 

All  amendments  shall  be  made  by  petition  addressed  to  the  Judge  or  the 
Referee,  who  shall  enter  thereon  an  order  allowing  said  amendments. 

The  amendments  desired  shall  be  set  forth  in  triplicate  schedules  duly  signed 
and  sworn  to  by  the  bankrupt,  and  shall  be  filed,  together  with  the  petition  and 
order,  in  the  Clerk's  Office.  Two  of  the  amended  schedules  shall  be  mailed  by  the 
Clerk  to  the  Referee  in  charge  of  the  proceedings. 

VI. 

AUTHORITY  OF  REFEREES  IN  ABSENCE  OF  JUDGE. 

Whenever  the  Judge  is  absent  from  the  district,  but  not  otherwise,  the  Referee 
may  take  such  steps  for  the  preservation  of  the  bankrupt's  estate  as  may  be 
necessary,  including  the  appointment  of  Receivers,  the  disposal  at  public  or  private 
sale  of  perishable  property,  and  the  issuing  of  restraining  orders. 

VII. 
ATTORNEYS. 

Trustees  may  employ  attorneys  when  authorized  by  the  creditors  at  any  called 
meeting;  but  no  attorney  who  has  represented  the  bankrupt  or  any  creditor  in  the 
proceedings  shall  be  employed  by  the  trustee,  except  for  good  cause  shown. 

No  fees  shall  be  paid  attorneys  until  proof  of  debt  for  same  is  filed,  the 
amount  approved  by  the  trustee,  and  the  creditors  given  at  least  ten  days'  notice. 

The  employment  of  attorneys  and  the  amount  of  their  fees  shall  be  in  all  cases 
subject  to  the  approval  of  the  Court. 

Receivers  shall  not  employ  counsel  except  upon  the  authorization  of  the 
Court. 

vni. 

DECREES    OF    REFEREES— WHEN    SIGNED. 

All  decrees  rendered  by  Referees  shall  be  signed  not  sooner  than  three   (3) 


696  RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

clear  days  after  rendition,  and  shall  become  fiixal  ten  (10)  clear  days  thereafter, 
unless  appealed  from. 


IX. 

ACCOITNTS  OF  RECEIVEBS. 

After  adjudication  and  reference  every  Receiver's  account  shall  be  sworn  to 
and  filed  with  the  Referee  not  later  than  ten  daj's  after  the  trustee  shall  have 
qualified,  unless  the  time  for  filing  said  account  is  extended  by  the  Referee.  After 
ten  days'  notice  to  the  creditors,  the  said  account  shall  be  heard  by  the  Referee. 
Oppositions  to  the  same  shall  be  in  writing,  and  shall  be  filed  previous  to  the  day 
fixed  for  said  hearing,  and,  if  no  oppositions  be  presented  to  the  Referee,  he  may 
approve  the  account  and  discharge  the  Receiver. 


Z. 

REVIEW  OF  REFEREE'S  RULING  BY  THE  JUDGE. 

When  a  review  by  the  Judge  of  any  order,  ruling  or  decision  of  a  Referee 
is  desired,  an  objection  shall  be  made  and  noted  on  the  record  at  the  time  of  the 
ruling  or  the  order  objected  to,  and  an  assignment  of  errors  shall  be  presented 
to  the  Referee  for  his  signature  within  the  time  allowed  for  an  appeal,  which 
assignment  of  errors,  when  signed  by  the  Referee,  may  be  filed  with  the  Clerk  by 
any  party  in  interest. 

A  failure  to  comply  with  this  rule  shall  be  held  a  waiver  of  the  right  to  review, 
unless  on  special  order  thereafter  made  by  the  Referee  or  Judge.  The  opinion  and 
decision  of  the  Judge  shall  be  returned  by  the  Clerk  to  the  Referee. 

Whenever  practicable,  the  Referee  shall  annex  to  the  assignment  of  errors  his 
reasons  for  the  order,  ruling  or  decision  complained  of. 


XI. 

PETITIONS  IN  FORMA  PAUPERIS. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  accompanied  by 
an  aflQdavit  under  subdivision  2  Section  51  of  said  Bankruptcy  Act,  it  shall  be  the 
duty  of  the  Clerk  to  file  said  petition  without  exacting  the  payment  of  the  fees  pro- 
vided for  by  said  Bankruptcy  Act  (Section  51,  A.).  The  Clerk  may  request  the 
Referee  to  examine  into  the  truth  of  such  affidavit,  and  the  Referee  may,  of  his 
motion,  make  such  an  examination. 

If  upon  examination  the  Referee  should  find  that  the  bankrupt  is  not  entitled 
to  relief  from  payment  of  the  filing  fees,  as  provided  in  the  aforementioned  sec- 
tion of  the  Bankruptcy  Act,  and  that  at  the  time  of  said  examination  the  bankrupt 
has  or  can  obtain  the  money  with  which  to  pay  said  fees,  the  Referee  shall  order 
him  to  pay  said  fees  within  a  time  specified  by  said  Referee,  and  if  the  bankrupt 
fails  to  comply  with  said  order,  such  facts  shall  be  certified  by  the  Referee  to  the 
.Tudge,  for  dismissal  of  the  petition  as  provided  in  General  Order  XXXV  (4) 
in  Bankruptcy,  adopted  by  the  Supreme  Court  of  the  United  States. 


RULES  IN  EASTERN  DKSTRICT  OF  LOUISIANA.  697 

XII. 

INDEMNITY  EXPENSES  FOR  REFEREES. 

Pursuant  to  Section  30  of  the  Bankruptcy  Act  of  July  1st,  1898,  and  of  Bules 
X  and  XXXV  (2)  of  General  Orders  in  Bankruptcy. 

Until  further  orders,  the  Referees  shall  be  allowed  as  indemnity  for  expenses 
incurred  by  them,  the  following  rates: 

1.  Cash  paid  for  advertisements. 

2.  For  all  clerical  aid  in  preparing  advertisements  and  notices  to  creditors 
of  first  meeting,  mailing  the  same,  and  making  proof  thereof,  keeping  register, 
files  and  records,  and  preparing  typewritten  memoranda  of  proceedings,  prior  to 
the  first  meeting  of  creditors,  including  stationery,  envelopes,  printing,  letters,  mes- 
sages and  all  petty  expenses,  five  ($5.00)  Dollars. 

3.  For  similar  clerical  aid,  etc.,  in  calling  and  holding  meetings  of  creditors  to 
consider  offer  of  composition.  Five  ($5.00)  Dollars. 

4.  For  similar  clerical  aid,  etc.,  in  calling  and  holding  each  and  every  other 
lawfully  called  meeting  of  creditors,  Five  ($5.00)  Dollars. 

5.  For  use  of  office  and  for  clerical  aid  and  for  taking  and  keeping  notes  and 
records  of  proceedings  at  each  called  meeting  and  each  postponed  meeting  and  at 
each  hearing  on  interlocutory  orders,  or  for  other  proceedings   ($3.00). 

6.  For  any  of  the  meetings  as  hereinabove  provided  for,  the  referee  shall 
charge  ten  cents  (10  cts.)  for  each  notice  in  excess  of  twenty  (20),  the  number  of 
creditors  in  each  case  to  be  stated  in  the  referee's  final  report  to  the  court. 

7.  For  all  necessary  clerical  aid  in  the  care  of  creditors'  proofs  of  claims 
after  filing,  including  endorsing,  recording,  arranging  and  preserving  them,  and 
exhibiting  and  furnishing  information  concerning  the  same  as  required  by  law, 
twenty-five  cents  (25  cts.)  for  each  claim,  to  be  paid  out  of  the  estate  of  the  bank- 
rupt. 

8.  For  certifying  each  copy  of  orders  or  other  papers  twenty-five  cents, 
(25  cts.). 

9.  Whenever  the  petition  and  schedules  in  a  bankruptcy  case  shall  be  re- 
ferred to  the  Referee,  he  shall  give  notice  to  the  bankrupt  or  his  attorney,  of  the 
amount  of  costs  necessary  to  be  advanced  for  the  calling  of  the  first  meeting  of 
creditors  or  any  other  necessary  expenses  incident  to  the  administration  of  the 
estate,  as  provided  under  this  rule;  and  the  bankrupt,  his  attorney,  or  any  other 
party  who  may  advance  these  costs  shall  have  the  same  refunded  to  him  out  of 
the  assets  of  the  estate,  as  provided  in  General  Order  X  adopted  by  the  Supreme 
Court  of  the  United  States. 

xm. 

FINAL  ACCOUNTS  OF  TRUSTEES. 

The  final  account  of  the  Trustee,  in  all  cases,  shall  be  sworn  to  and  filed  with 


698  KULES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

the  Referee,  who  shall  send  notices,  by  mail,  to  the  creditors  of  the  time  when 
and  the  place  where  said  account  will  be  examined  and  passed  upon. 

Trustees  shall  in  their  final  accounts,  marshal  and  rank  all  claims  against 
the  bankrupt  in  accordance  with  Section  64  of  said  Bankruptcy  Act.  The  final 
account  shall  also  state  the  gross  amount  of  money  on  hand,  and  the  several  sources 
from  which  same  has  been  obtained. 

If  taxes  have  been  paid  by  the  Trustee  prior  to  the  filing  of  the  final  account, 
or  if  taxes  are  due,  the  final  account  shall  state  what  taxes  have  been  paid  or  are 
due. 

All  objections  to  the  final  account  shall  be  in  writing,  and  shall  be  filed  before 
the  Referee  previous  to  the  time  fixed  for  the  examination  of  the  account. 

Where  the  bankrupt  has  no  property,  other  than  such  as  is  exempt,  and  no 
assets  have  come  to  the  hands  of  the  Trustee,  it  shall  be  unnecessary  to  call  a 
final  meeting  of  creditors,  and  the  Trustee  shall  be  entitled  to  secure  a  discharge 
from  his  trust  by  filing  a  report  duly  sworn  to,  with  the  Referee,  stating  such 
fact  and  making  it  appear  to  the  satisfaction  of  the  Referee  that  there  is  no 
property  of  the  bankrupt  available  as  assets  of  the  estate. 

XIV. 

SALES. 

1.  The  Referee  may  order  the  sale  of  real  or  personal  property  at  public  or 
private  sale,  after  due  appraisement  in  accordance  with  section  70  b  of  said  Bank- 
ruptcy Act.    The  appraisers  shall  be  appointed  by  the  Referee. 

2.  Real  estate  may  be  sold  either  for  cash  or  partly  on  credit  and  partly  for  cash, 
the  credit  portion  of  the  price  to  be  secured  by  usual  vendor's  privilege,  mortgage 
and  other  security  clauses.  All  sales  of  real  estate  shall  be  made  at  the  court  house 
door  in  country  parishes,  at  the  Real  Estate  Exchange  in  the  city  of  New  Orleans, 
Parish  of  Orleans,  or  upon  the  premises,  if  the  Referee  so  directs,  after  advertise- 
ment in  the  paper  designated  in  the  parish  in  which  said  property  is  situated, 
once  a  week  for  four  weeks,  unless  for  good  cause  shown,  the  sale  or  advertise- 
ment is  otherwise  directed  by  vote  of  the  creditors  or  by  order  of  the  Referee. 

3.  All  sales  of  personal  property  shall  be  made  at  such  place  and  after  such  ad- 
vertisement as  the  creditors  may  direct  or  the  Referee  order. 

4.  Upon  vote  or  upon  petition  of  a  majority  of  the  creditors,  in  number  and 
amount,  whose  claims  have  been  filed  and  allowed,  the  Referee  may  upon  good 
cause  shown,  authorize  the  Trustee  to  employ  a  duly  licensed  auctioneer  to  sell 
the  real  estate  or  personal  property,  said  auctioneer's  compensation  for  the  sale 
of  real  estate  not  to  exceed  two  (2%)  per  cent  on  the  first  Ten  Thousand 
($10,000.00)  Dollars  realized  and  one  (1%)  per  cent  on  amounts  in  excess  of  Ten 
Thousand  ($10,000.00)  Dollars.  Upon  sales  of  movables  said  compensation  shall  not 
exceed  five  (5%)  per  cent  of  the  amount  realized. 

5.  When  property  is  burdened  with  liens  or  mortgages,  same  may  be  made  clear 
of  said  liens  and  mortgages  before  being  sold,  by  rule  to  cancel  said  encumbrances, 
to  be  heard  before  the  Referee  after  notice  to  the  lienors  or  mortgagors. 

6.  Lienors  or  mortgagors  may  bid  upon  such  property  when  sold  and  upon  spec- 
ial order  of  the  Referee  may  use  their  valid  lien  indebtedness  or  part  thereof  by  way 
of  settlement  of  the  purchase  price. 


RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA.  699 

7.  The  Referee  may  make  or  order  sales  of  perishable  property,  at  public  auc- 
tion, through  an  auctioneer  duly  appointed  by  him,  or  through  the  marshal,  at  such 
place  and  in  such  manner  as  the  Referee  may  determine,  but  such  sales  must 
bring  at  least  seventy-five  (75%)  per  cent  of  the  appraised  value  of  said  property, 
as  provided  by  Section  70  b  of  the  Bankruptcy  Act. 

8.  All  orders  for  the  sale  of  real  estate,  together  with  a  description  of  the  prop- 
erty shall  be  recorded  in  the  office  of  the  Clerk  of  Court  at  New  Orleans  in  the 
Sales  Book  kept  by  him. 

XV. 

COMPOSITIONS. 

Bankrupts  offering  composition  shall  apply  to  the  referee  to  call  a  meeting  of 
creditors  to  consider  same.  After  composition  has  been  accepted  by  a  majority  of 
the  creditors,  according  to  law,  the  consideration  to  be  paid  to  creditors,  and  the 
money  necessary  to  pay  all  debts  which  have  priority  and  the  costs  of  the  pro- 
ceedings, shall  be  deposited  in  one  of  the  designated  depositories. 

Application  for  confirmation  of  composition  (form  No.  61)  shall  be  filed  with 
the  Clerk,  accompanied  by  certificate  of  the  Referee  that  Section  12  b  has  been 
complied  with.  The  Clerk  shall  thereupon,  notify  all  creditors  by  mail,  to  show 
cause  within  ten  days  why  said  composition  should  not  be  confirmed.  If  no 
objection  is  made  within  the  time  specified,  the  composition  shall  be  confirmed  as 
of  course.  The  Clerk  shall  be  entitled  to  10  cts.  for  each  notice  sent  to  the 
creditors. 

In  case  of  opposition  the  matter  shall  be  set  for  a  hearing  before  the  Judge^ 
and  all  parties  notified  by  mail,  and  he  may  either  determine  the  matter  or  refer 
same  to  the  referee  as  special  master  for  hearing  and  report. 


XVI. 
NOTICES:     HOW    SERVED. 

Notice  of  petitions  or  motions  filed  with  the  Referee  for  interlocutory  or  other 
orders  in  any  Bankruptcy  case  shall  be  given  as  directed  by  the  Referee. 

Th  person  giving  the  notice  shall  make  his  return  to  the  Referee  in  the  form 
of  an  affidavit,  with  the  copy  of  the  notice  annexed,  showing  the  method  of  service. 

XVII. 
DEPOSITORIES  AND  CHECKS. 

All  funds  coming  into  the  possession  of  trustees  and  receivers  shall  be  forth- 
with deposited  in  one  of  the  designated  depositories. 

No  money  shall  be  withdrawn  from  the  depositories  except  upon  the  check  of 
the  Trustee,  countersigned  by  the  Referee,  and  bearing  the  name  of  the  person  to 
whom  payable,  and  the  title  of  the  cause. 

In  composition  proceedings  the  funds  necessary  to  pay  all  debts  which  have 
priority  and  the  costs  of  the  proceedings  shall  be  deposited  in  the  proper  bank 
as  herein  provided,  in  the  name  and  number  of  the  bankruptcy  case  and  to  the 
order  of  the  Judge,  who  shall  direct  by  special  order  in  each  case,  the  party  or 


700  RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

parties  by  whom  such  funds  shall  be  withdrawn.  A  certified  copy  of  said  order, 
sent  by  the  Clerk  to  the  Bank  where  said  funds  are  deposited,  shall  be  au- 
thority for  the  withdrawal  of  said  funds. 

The  Clerk  shall  furnish  depositories  with  a  copy  of  this  rule. 

XVIII. 

PROCEDURE  ON  APPLICATIONS  FOR  DISCHARGE. 

Petitions  for  discharge  shall  be  filed  with  the  Clerk  who  shall  at  once  notify 
the  trustee  and  all  known  creditors  of  the  bankrupt,  by  mailing  them  copies  of  the 
petition  and  order,  to  show  cause  within  fifteen  days  why  said  discharge  should 
not  be  granted,  and  shall  publish  said  order  once  according  to  law.  If  no  opposi- 
tion be  filed  within  the  time  specified,  the  discharge  shall  be  granted  as  of  course. 

In  case  of  opposition  the  matter  shall  be  set  for  a  hearing  before  the  Judge, 
and  all  parties  notified  by  mail,  and  he  may  either  determine  the  matter  or  refer 
same  to  the  Referee  as  special  Master,  for  hearing  and  report. 

The  clerk  shall  be  entitled  to  a  fee  of  fifty  cents  for  each  copy  of  said  petition 
and  order. 

XIX. 

BANKRUPT'S  COSTS  ON  DISCHARGE. 

The  bankrupt  shall  be  entitled  to  receive  out  of  his  estate  the  costs  necessary 
for  his  discharge,  provided  there  are  suflicient  assets  to  first  pay  all  other 
costs,  and  provided  further,  the  trustee  is  requested  in  writing  to  set  aside  the 
same,  before  distribution  of  the  assets,  and  application  for  discharge  is  made 
not  later  than  sixty  days  after  adjudication. 


FEES   OF   CLEBX,   REFEREE  AND   TRUSTEE— WHEN  PAID. 

The  Trustee's  fee  of  Five  Dollars,  deposited  with  the  Clerk,  shall  be  paid  to 
the  Trustee  upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee  have 
been  actually  rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such 
commission  as  may  be  allowed  by  the  Referee,  under  Section  48  of  the  Bankruptcy 
Act,  upon  order  of  the  Referee,  as  soon  as  same  accrues  and  is  earned.  The  Referee 
shall  be  paid  his  commission  at  the  same  time. 

In  every  case,  except  where  a  petition  in  forma  pauperis  is  filed,  the  Clerk 
shall  be  entitled,  when  the  petition  is  filed,  to  receive  the  filing  fee  of  ten  dollars. 
The  Clerk  shall  pay  to  the  Referee  the  Fifteen  Dollars  deposited  as  fees  of  the 
Referee  upon  receiving  the  latter's  certificate  that  the  case  has  been  closed  and 
that  his  services  have  been  rendered.  Where  there  are  no  assets  the  case  shall  be 
deemed  closed  for  the  purpose  of  the  payment  of  fees  to  the  Referee  and  Trustee 
after  the  first  meeting  of  creditors  has  been  held. 

XXI. 

DISMISSAL    OF   BANKRUPTCY   CASES   WHEN   NOT   PROSECUTED. 

The  first  meeting  of  creditors  shall  be  called  by  the  Referee  to  whom  the  pro- 
ceedings in  bankruptcy  are  referred,  within  the  time  specified  under  Section  55  of 


RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA.  701 

the  Bankruptcy  Act,  and  should  the  Bankrupt,  after  notice  from  the  Referee,  as  pro- 
vided by  Rule  XII,  9,  of  this  Court,  fail  to  advance,  or  have  advanced  the  costs 
necessary  for  the  calling  of  said  meeting,  within  the  time  specified  by  the  aforesaid 
Section  55  of  the  Act,  the  Referee  shall  certify  such  facts  to  the  Judge,  for  the 
dismissal  of  the  proceedings  in  bankruptcy,  for  failure  to  prosecute. 


XXII. 
AS  TO  WITHDRAWAL  OF  RECORDS. 
The  Clerk  shall  not  permit  the  record  in  any  cause  to  be  taken  out  of  his  office. 


The  foregoing  rules  shall  supersede  all  rules  now  in  force  and  shall  become 
operative  on  the  1st  day  of  February  1910. 

(Signed)   RUFUS  E.  FOSTER, 

Judge. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

NORTHERN  DISTRICT   OF  TEXAS. 


It  Is  Hereby  Ordered,  That  the  following  rules  be  and  they  are  hereby  adopted 
and  prescribed  for  the  regulation  of  proceedings  in  Bankruptcy,  in  the  United 
States  District  Court  for  the  Northern  District  of  Texas. 


I. 

Creditors  and  the  bankrupt  may  be  represented  in  any  proceedings  in  bank- 
ruptcy by  attorneys  authorized  to  practice  in  the  Circuit  and  District  Courts  of  the 
United  States.  Attorneys  may  verify  papers  required  to  be  verified  in  bankruptcy 
proceedings,  or  collect  dividends,  when  they  file  with  the  referee  letters  of  attorney, 
stating  the  authority  to  them  given;  the  verification  of  papers  by  attorneys  must 
set  out  the  authority  by  which  they  act,  the  reason  why  the  creditor  or  bankrupt 
does  not  act  in  person,  and  that  they  have  personal  knowledge  of  the  truth  of  the 
facts  alleged  in  the  paper  verified,  when  such  personal  knowledge  would  be  re- 
quired of  the  bankrupt  or  creditor. 

II. 

All  petitions,  schedules  and  pleadings  shall  be  written  in  a  plain  and  legible 
hand,  typewritten  or  printed  upon  white  paper  of  approximately  legal  cap  size; 
all  pleadings  must  be  properly  endorsed  with  the  name  of  the  Court,  the  title  of 
the  cause,  and  if  the  parties  appear  by  an  attorney,  his  name  and  address. 


III. 

Upon  the  filing  of  an  involuntary  petition  in  bankruptcy  the  petitioning  cred- 
itor or  creditors  shall,  at  the  same  time  file  with  the  clerk,  in  addition  to  the 
original  petition,  a  duplicate  copy  of  said  petition  for  each  person  against  whom 
the  proceeding  is  instituted,  such  duplicate  copy  or  copies  to  be  served  upon  said 
proposed  bankrupt  or  bankrupts. 

IV. 

The  schedules  which  the  Bankrupt  Act  (sec.  7  sub.  div.  8,)  requires  the  bank- 
rupt to  file,  shall  contain  a  list  of  his  creditors  and  schedule  of  his  property,  in- 
cluding that  which  may  be  exempt  to  him  by  law,  in  accordance  with  the  several 
forms  of  schedules  adopted  by  the  Supreme  Court.     (See  General  Forms.) 

702 


RULES  1:N'  northern  district  of  TEXAS.  703 

V. 

An  aflBdavit  may  be  made  and  annexed  to  the  schedule,  setting  up  that  the 
petitioner  has  no  property  described  by  a  schedule,  designating  the  particular 
schedule  by  its  proper  number,  and  that  schedule  may  then  be  omitted;  otherwise, 
the  schedule  prescribed  in  the  General  Forms  shall  be  used,  and  the  fact  that  the 
petitioner  has  no  property  described  in  a  schedule  shall  be  stated  thereon  in  the 
proper  place. 

VI. 

Upon  the  filing  of  a  petition  for  involuntary  bankruptcy,  if  before  the  return 
day  of  the  writ  of  subpoena  issued  to  the  bankrupt  he  confesses  the  allegations  of 
the  petition  and  waives  service  thereunder,  by  answer  filed  with  the  clerk,  an 
adjudication  on  said  petition  may  be  had,  as  provided  in  section  18,  of  the  Bank- 
rupt Act,  after  the  expiration  of  ten  days  from  the  filing  of  such  answer. 


VII. 

When  the  defendant  confesses  the  truth  of  the  petition  and  waives  service,  as 
mentioned  in  rule  No.  6,  by  answer  filed  with  the  clerk,  he  shall  file  at  the  same 
time  such  schedule  of  his  property  and  list  of  his  creditors  as  are  provided  for  in 
section  7,  sub-division  8,  of  the  Bankrupt  Act. 


VIII. 

The  day  named  in  the  order  of  reference  for  the  attendance  of  the  bankrupt 
before  the  referee  shall  be  the  5th  day  after  the  date  of  such  order  and  shall  by  said 
referee  be  entered  in  his  docket,  as  the  date  from  which  the  bankrupt  becomes 
subject  to  the  order  of  the  Court,  as  provided  in  General  Order  in  Bankruptcy  No. 
18.  Unless  cause  to  the  contrary  exists,  the  referee  may  continue  the  time  so 
named  for  the  personal  attendance  of  said  bankrupt  to  the  time  and  place  fixed 
for  the  first  meeting  of  creditors,  or  to  such  time  and  place  as  he  may  find  to  be 
for  the  best  interest  of  all  parties. 

IX. 

Any  creditor  who  may  wish  to  examine  the  bankrupt  at  the  first  meeting  of 
creditors  shall,  after  he  has  received  notice  thereof,  forthwith  notify  the  referee 
of  his  desire  to  examine  the  bankrupt  and  deposit  with  the  referee  a  sufficient  sum 
of  money  to  be  fixed  by  the  Referee  to  defray  the  expenses  of  such  examination, 
and  the  expense  of  a  stenographer,  if  a  stenographer  is  deemed  necessary  by  the 
referee. 


When  there  are  assets  belonging  to  an  estate  in  bankruptcy,  the  trustee  shall 
forthwith  ascertain  what  taxes  are  due  to  the  United  States,  to  the  State  of  Texas, 
to  the  county,  city  or  town  in  which  the  bankrupt  resides,  or  in  which  any  part 
of  the  estate  is  situated;  he  shall  make  a  written  report  thereof  to  the  referee, 
specifying  the  taxes  due  on  each  piece  of  property  and  the  referee  shall,  pursuant 
to  section  64,  of  the  Bankrupt  Act,  order  the  payment  by  the  trustee  of  all  taxes 


701  RULES  IN  NORTHERN  DISTRICT  OF  TEXAS. 

found  to  be  legally  due,  or  such  part  thereof  as  he  may  determine  to  be  for  the 
best  interest  of  the  estate,  if  there  be  not  sufficient  funds  to  pay  the  whole  amount. 


XI. 

It  shall  be  the  duty  of  the  trustee  when  there  are  assets  in  his  control,  to 
make  a  list  of  all  debts  claimed  to  be  entitled  to  priority,  as  provided  in  section 
64,  of  the  Bankrupt  Act.  He  shall  report  the  same  in  writing  to  the  referee, 
who  shall  make  the  proper  order  for  their  payment,  as  required  by  the  Bankrupt 
Act. 

XII. 

Whenever  a  dividend  is  declared,  the  referee  shall  fix  a  date  on  and  after 
which  payments  may  be  made  by  the  trustee,  due  notice  of  which  shall  be  given 
by  the  referee  as  required  by  section  58,  sub.  div.  5. 

On  receipt  of  the  dividend  sheets  as  provided  by  sec.  39  (1)  the  trustee  shall 
forthwith  prepare  and  have  countersigned  by  the  officer  designated  for  that  pur- 
pose, warrants  upon  the  official  depository  for  the  sums  of  the  amount  named  in  the 
dividend  sheets,  payable  to  the  several  creditors.  The  trustee  shall  deliver  the 
warrants  on  the  day  fixed  for  the  payment  of  the  dividend,  or  any  day  thereafter, 
to  the  creditors  entitled  to  them.  After  the  day  fixed  when  payment  of  dividends 
may  be  made,  the  trustee  may  deliver  such  warrants  as  have  not  been  called  for  by 
the  creditors,  to  the  attorney  or  agent  of  the  creditor,  who  shall  present  a  letter 
of  attorney  authorizing  him  to  receive  such  warrant.  The  trustee  shall  deliver 
such  letters  of  attorney  to  the  clerk,  who  shall  file  and  place  them  with  the  papers 
in  the  case. 

XIII. 

All  reports  of  trustees  not  otherwise  provided  for  shall  be  filed  with ,  the 
referee  having  jurisdiction  of  the  case. 


XIV. 

The  petition  for  discharge  shall  be  verified.  Upon  filing  a  petition  for  dis- 
charge, the  clerk  shall  forthwith  deliver  it  to  the  referee,  to  whom  the  case  has 
been  referred.  On  receipt  of  the  petition  for  discharge,  in  proper  form,  the  referee 
shall  fix  a  day  on  or  before  which,  the  creditors  or  other  parties  in  interest  may 
file  with  the  referee  notice  in  writing  of  their  opposition  to  a  discharge.  The 
referee  shall  at  least  ten  days  before  the  day  so  fixed,  notify  the  creditors  by  mail, 
of  the  filing  of  the  petition  for  discharge  and  that  if  the  creditors  or  other  parties 
in  interest  propose  to  show  cause  why  the  discharge  should  not  be  granted,  they 
must,  on  or  before  the  day  fixed  in  the  notice  to  them,  file  with  the  referee  a  notice 
of  their  opposition  to  the  discharge  prayed  for.  The  referee  shall  also  cause  such 
notice  of  the  petition  for  discharge  to  be  published  once  in  the  proper  newspaper  at 
least  one  week  before  the  day  on  which  notice  of  opposition  may  be  filed  with  him. 


XV. 

If  no  opposition  to  a  petition  for  discharge  is  filed  with  the  referee  on  or  be- 
fore the  day  named  in  the  notice  to  the  ci  editors,  or,  if  filed  and  no  specifications 


RULES  IN  NORTHERN  DISTRICT  OF  TEXAS.  705 

In  support  thereof  are  filed  before  him  within  ten  days  allowed  as  provided  in  Rule 
No.  16  the  referee  shall,  unless  the  Judge  directs  otherwise,  forthwith  mail  to  the 
Clerk  of  this  Court  at  Ft.  Worth,  the  petition  for  discharge,  with  his  certificate 
showing  that  due  notice  of  the  filing  thereof  has  been  mailed  to  the  creditors  and 
also  has  been  published  as  directed;  that  no  opposition  had  been  filed  by  any  one; 
the  amount  of  unpaid  costs  and  expenses  in  said  case,  if  any,  and  also  whether  the 
bankrupt  has  or  has  not  complied  with  the  Bankrupt  Act  so  far  as  to  him  known. 
The  petition  for  discharge  will  then  be  for  hearing  before  the  Court  without  further 
notice  to  the  parties.  And,  unless  a  different  time  and  place  is  fixed  by  special 
order  of  the  Judge,  such  hearing  will  be  had  before  him  in  Chambers,  at  Ft. 
Worth,  at  10  o'clock  a.  m.  on  the  Rule  day,  (being  the  first  Monday  in  each 
month),  next  after  the  filing  of  the  referee's  said  certificate  with  the  clerk,  or  upon 
any  succeeding  Rule  day  when  the  Judge  is  present  in  chambers  at  Ft.  Worth. 


XVI. 

If  opposition  to  the  petition  of  discharge  is  filed,  on  or  before  the  day  fixed 
by  the  referee,  then  from  that  day,  ten  days  additional  shall  be  allowed  the  party 
in  opposition  to  file  specifications  of  his  grounds  of  opposition  by  way  of  answer 
to  the  petition,  (General  Forms  58),  and  at  the  expiration  of  said  additional  ten 
days  the  referee  shall,  unless  the  Judge  directs  otherwise,  send  to  the  clerk  of 
this  Court  at  Ft.  Worth,  the  petition  for  discharge  and  all  opposition  filed  thereto, 
with  his  certificate  showing  the  action  before  him,  and  also  showing  as  far  as 
applicable  the  several  matters  required  to  be  certified  by  rule  No.  15.  On  the  next 
succeeding  Rule  day  the  Judge  will  fix  a  time  and  place  for  hearing  the  issues  thus 
made  and  the  Clerk  at  Ft.  Worth  will  notify  the  bankrupt  and  contesting  creditors 
of  the  time  and  place  so  fixed. 

XVII. 

It  shall  be  the  duty  of  the  Clerk  on  each  Rule  day  at  10  o'clock  a.  m.  to  present 
to  the  Judge  in  Chambers  at  Ft.  Worth  for  final  disposition,  all  papers  relative  to 
discharges  sent  up  by  the  referees.  When  a  discharge  is  granted  in  a  case 
coming  from  a  division  of  the  district  other  than  the  Ft.  Worth  division,  it  shall  be 
the  duty  of  the  C^erk  at  Ft.  Worth  to  transmit  the  order  of  discharge  and  all 
papers  received  by  him  with  the  petition  therefor,  to  the  Clerk  of  the  division 
where  the  case  was  originally  instituted.  The  order  of  discharge  shall  be  duly 
recorded  by  the  clerk,  thus  receiving  same,  and  he  shall  place  the  papers  with 
the  other  papers  In  the  case. 

xvin. 

Before  a  discharge  Is  granted.  If  It  appears  that  the  final  report  of  the  trustee 
has  not  been  filed  and  the  estate  is  not  ready  to  be  closed  up,  the  bankrupt  may  be 
required  to  deposit  with  the  referee  such  a  sum  as  the  Judge  may  deem  suflScient 
to  meet  the  costs  that  may  thereafter  be  made.  $ 


XIX. 

After  the  final  account  of  the  trustee  has  been  filed,  a  final  meeting  of  the 
creditors  shall  be  called  by  the  referee,  to  pass  on  the  same.  Ten  days'  notice 
ol  said  final  meeting  shall  be  mailed  by  the  referee  to  the  creditors.     If  after  such 


706  RULES  IN  NORTHERN  DISTRICT  OF  TEXAS. 

notice  no  meeting  is  held  because  of  non-attendance  of  creditors,  the  final  account 
of  the  trustee  shall  stand  as  approved  by  the  Court. 


ZX. 

The  fees  provided  for  the  referee  by  the  Bankrupt  Act  (section  40),  shall  be 
paid  by  the  clerk  upon  receiving  the  referee's  certificate  that  the  case  has  been 
closed,  and  that  his  services  have  been  duly  rendered.  The  commissions  due  the 
referee  under  section  40a  of  the  Bankrupt  Act  shall  be  paid  upon  the  declaration  of 
a  dividend,  or  upon  the  confirmation  of  a  composition. 

The  fee  provided  for  the  trustee  by  the  Bankrupt  Act  (section  48)  shall  be 
paid  by  the  Clerk  upon  the  certificate  of  the  referee  that  the  case  has  been  closed, 
and  that  the  services  of  the  trustee  have  been  actually  rendered. 

Such  commissions  as  may  be  allowed  the  trustee  under  section  48,  of  the 
Bankrupt  Act,  shall  be  paid  the  trustee  at  the  time  the  dividend  is  declared.  The 
clerk  shall  be  entitled  to  the  fee  provided  by  section  52a  of  the  Bankrupt  Act  upon 
the  filing  of  the  petition  in  the  case.  Where  there  are  no  assets,  and  no  trustee 
has  been  appointed  in  accordance  with  General  Order  No.  XV,  the  case  shall  be 
deemed  closed  for  the  purpose  of  payment  of  fees  to  the  referee  and  trustee  when 
a  discharge  has  been  granted  or  refused  the  bankrupt.  If  no  application  for 
discharge  has  been  made,  the  case  shall  be  deemed  closed  for  the  payment  of  said 
fees  at  the  expiration  of  two  months  from  the  date  of  adjudication.  "Where  there 
are  assets,  the  case  shall  be  deemed  closed  upon  the  discharge  of  the  trustee  or 
confirmation  of  a  composition. 

XXI. 

GENERAL  OBDEB. 

a.  Voluntary  Petitions  of  individuals  in  bankruptcy  and  the  pleadings  of  re- 
spondents in  involuntary  proceedings  admitting  or  confessing  bankruptcy  and  all 
petitions  for  discharge  shall  contain  the  full  christian  name  or  names  of  the 
petitioner  or  pleader. 

&.  Voluntary  Petitions  of  partnerships  shall  contain,  in  addition  to  the  part- 
nership name,  the  names  of  the  persons  composing  such  partnership,  and  all 
petitions  for  discharge  filed  by  such  partnership  or  any  partner,  shall  contain 
the  full  christian  name  or  names  of  each  partner  a  party  to  the  petition. 

c.  The  Clerk  may  not  refer  any  such  petition  or  pleading  in  case  of  non- 
compliance with  this  order,  unless  otherwise  directed  by  the  Judge. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

DISTRICT  OF  COLORADO. 


BANKRUPTCY  DISTRICTS. 

In  order  to  appoint  referees  and  define  the  territory  in  which  they  shall  have 
jurisdiction,  pursuant  to  the  Act  of  Congress  approved  July  1,  1898,  entitled,  "  An 
Act  to  establish  a  Uniform  System  of  Bankruptcy  Throughout  the  United  States," 
the  State  of  Colorado  is  hereby  divided  by  counties  into  ten  bankruptcy  districts  as 
follows,  namely: 

The  first  district  shall  be  composed  of  the  counties  of  City  and  County  of 
Denver,  Douglas,  Elbert,  Lincoln,  Cheyenne,  Kit  Carson,  Arapahoe,  Adams,  Yuma^ 
Washington,  Morgan,  Phillips,  Sedgwick,  Logan,  Weld,  Jefferson,  Park,  Clear  Creek,. 
Gilpin,  Boulder,  Larimer  and  Grand*  and  Routt. § 

The  second  district  shall  be  the  county  of  El  Paso  and  the  county  of  Teller| 

The  third  district  shall  be  composed  of  the  counties  of  Pueblo,  Fremont,. 
Chaffee,  Custer,  Huerfano,  Otero,  Bent,  Prowers,  Kiowa,  Las  Animas  and  Baca.j 

The  fifth  district  shall  be  composed  of  the  counties  of  Rio  Grande,  Mineral.^ 
Saguache,  Costilla  and  Conejos. 

The  sixth  district  shall  be  composed  of  the  counties  of  Archuleta,  La  Plata, 
Montezuma  and  San  Juan. 

The  seventh  district  shall  be  composed  of  the  counties  of  Dolores,  San  Miguel, 
Hinsdale,  Ouray,  Montrose,  Gunnison  and  Delta. 

The  eighth  district  shall  be  composed  of  the  counties  of  Mesa,  Pitkin,  Garfield 
and  Rio  Blanco. 

The  ninth  district  shall  be  composed  of  the  counties  of  Lake,  Eagle  and 
Summit. 

II. 

PETITIONS.      WHERE  FILED. 

Petitions  in  bankruptcy  shall  be  filed  in  the  district  court  at  Denver,  when  the 
bankrupt  resides  or  does  business  in  any  of  the  counties  of  City  and  County  of 
Denver,  Douglas,  Elbert,  Lincoln,  Cheyenne,  Kit  Carson,  Arapahoe,  Adams,  Yuma, 
Washington,  Morgan,  Phillips,  Sedgwick,  Logan,  Weld,  Jefferson,  Park,  Clear  Creek, 
Gilpin,  Boulder,  Larimer,  El  Paso,  Lake,  Eagle,  Summit  or  Teller,  or  Grand  or 
Routt.* 

*  1907,  October  1.  Grand  county  transferred  to  first  district. 
^  1909,  February  19.  Routt  county  attached  to  first  district. 
I  1908,  March  19.     Teller  covmty  attached  to  second  district. 

f  1907,  August  2.     Las  Animas  and  Baca  counties  attached  to  third  district. 

*  1907,  October  1.     Petitions  fro  mGrand  county  to  be  filed  at  Denver. 

*  1908,  February  19.     Petitions  from  Routt  county  to  be  filed  at  Denver. 

707 


;08  RULES  IN  DISTRICT  OF  COLORADO. 

Petitions  in  bankruptcy  shall  be  filed  in  the  district  court  at  Pueblo,  when 
the  bankrupt  resides  or  does  business  in  any  of  the  counties  of  Pueblo,  Fremont, 
Chaffee,  Custer,  Huerfano,  Otero,  Bent,  Prowers,  Kiowa,  Las  Animas,  Baca,  Rio 
Grande,  Mineral,  Saguache,  Costilla,  Conejos,  Archuleta,  La  Plata,  Montezuma  or 
San  Juan. 

Petitions  in  bankruptcy  shall  be  filed  in  the  district  court  at  Montrose  when 
the  bankrupt  resides  or  does  business  in  any  of  the  counties  of  Dolores,  San  Miguel, 
Hinsdale,  Ouray,  Montrose,  Gunnison,  Delta,  Mesa,  Pitkin,  Garfield,  Rio  Blanco. 

If  the  bankrupt  shall  reside  in  one  county  and  do  business  in  another  county, 
within  the  state,  the  place  of  his  residence  shall  control.  When  several  persons  are 
charged  in  the  same  petition,  the  petition  may  be  filed  in  the  court  having  juris- 
diction of  the  greater  number,  or  where  the  business  of  such  persons  may  be  carried 
on.  — 

III. 

BANKRUPTCY  COURTS. 

A  court  of  bankruptcy  may  be  held  at  a  place  other  than  that  at  which  the 
referee  resides,  when  the  convenience  of  parties  requires  it.  In  that  case  the 
referee's  expenses  of  travel  may  be  charged  against  the  estate. 


IV. 
POOR  PERSONS. 

In  case  of  a  petition  in  bankruptcy  accompanied  by  an  aflBdavit  stating  "  that 
the  petitioner  is  without,  and  cannot  obtain  money,  wherewith  to  pay  fees,"  there 
shall  also  be  filed  with  the  petition,  an  affidavit  of  the  petitioner,  and  of  his 
attorney,  stating  that  the  petitioner  has  not  paid,  and  has  not  agreed  to  pay  to  his 
attorney,  any  sum  of  money,  or  other  thing  of  value,  for  the  services  of  such 
attorney  in  such  bankruptcy  proceeding. 

This  rule  shall  not  apply  when  the  petitioner  shall  act  for  himself,  without  the 
assistance  of  an  attorney. 


SUBPOENA. 

Upon  petition  filed  in  Denver  under  section  3  of  the  act  relating  to  involuntary 
bankruptcies,  against  a  person  residing  in  the  city  and  county  of  Denver,  the  clerk 
shall  issue  a  writ  of  subpoena  returnable  in  ten  days;  when  the  person  charged 
with  acts  of  bankruptcy  shall  reside  in  any  other  county,  the  writ  shall  be  return- 
able in  fifteen  days. 

Upon  petition  filed  in  Pueblo  under  section  3  of  the  act  relating  to  involuntary 
bankruptcies,  the  clerk  shall  issue  a  writ  of  subpoena,  returnable  in  fifteen  days. 

Upon  petition  filed  in  Montrose  under  section  3  of  the  act  relating  to  invol- 
untary bankruptcies,  the  clerk  shall  issue  a  writ  of  subpoena,  returnable  in  fifteen 
days. 

VI. 

DISCHARGE. 
A  petition  for  discharge  shall  be  presented  to  the  referee  in  charge  of  the  case; 


RULES  IN  DISTRICT  OF  COLORADO.  709 

the  referee  shall  appoint  a  meeting  of  the  creditors  to  consider  such  petition,  and 
give  notice  thereof  as  required  by  law  and  the  rules  of  court;  after  such  meeting 
shall  have  been  held,  the  referee  shall  report  to  the  court  the  petition,  and  his 
proceedings  under  the  same,  and  any  opposition  made  to  the  discharge  of  the 
bankrupt.  Following  such  report,  the  court  will  make  order  as  the  justice  of  the 
case  may  demand. 

VTI. 

COSTS  ON  DISCHABGE. 

In  case  of  opposition  to  a  discharge  in  bankruptcy  and  issue  joined,  upon  which 
testimony  shall  be  taken  before  a  referee,  the  costs  of  taking  testimony,  together 
with  a  charge  of  five  dollars  per  day  to  be  paid  to  the  referee  for  the  time  occupied, 
not  exceeding  three  days,  shall  be  paid  by  the  opposing  creditors.  Such  costs  and 
fee  to  the  referee  may  be  charged  against  the  estate  in  a  proper  case. 


vni. 

Notices  to  creditors,  under  section  58  of  the  bankrupt  act  sent  by  mail,  shall  be 
deposited  in  a  post-office  not  less  than  two  weeks  prior  to  the  day  fixed  in  the 
notice. 


l»v 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

DISTRICT  OF  WASHINGTON. 


I. 

HECOBDS. 


Referees  shall  keep  minutes  of  all  meetings  of  creditors  and  examinations  of 
parties  and  witnesses  and  of  all  other  proceedings  conducted  before  them,  and  make 
lists  of  claims  proved,  and  furnish  typewritten  transcripts  of  the  minutes  and  lists 
of  proved  claims,  in  each  case  to  be  part  of  the  record.  The  record  in  each  case 
shall  consist  of  the  original  petition,  each  paper  filed  including  proofs  of  debt  and 
depositions,  all  orders,  whether  made  by  the  court,  Judge,  Clerk,  or  Referee,  and  the 
Referee's  minutes.  Each  record  shall  be  certified  by  the  Clerk  to  be  the  complete 
record  in  the  case. 

n. 

BECORDS  TO  BE  BOUND. 

The  record  in  each  case  shall  be  bound  in  one  or  more  volumes,  not  more  than 
800  sheets  to  be  included  in  one  volume.  The  volume  shall  be  made  by  stitching 
or  fastening  the  papers  through  the  top  margin  so  that  the  hinge  will  be  at  the  top. 
If  the  complete  record  contains  100  sheets  or  less,  heavy  paper  of  good  quality  may 
be  used  for  covers,  volumes  of  more  than  100  sheets  must  be  substantially  bound  in 
leather  or  other  material  equal  to  leather  in  durability,  and  must  be  indexed. 


III. 

SIZE  AND  QUALITY  OF  PAPER. 

That  records  may  be  made  conformably  to  Rules  I  and  II,  all  papers  intended  to 
be  filed  and  all  orders  and  transcripts  must  be  printed  or  legibly  written  or  type- 
written without  interlineations  or  erasures  except  slight  corrections  which  must 
be  attested  by  the  Clerk  or  Referee,  with  his  initials  in  the  margin  before  filing. 
The  paper  used  must  be  of  good  quality  and  not  larger  than  half  flat  cap  size,  that  is 
to  say,  eight  and  one-half  inches  wide  and  fourteen  inches  from  the  top  edge  to  the 
lower  edge,  nor  less  than  eight  inches  by  twelve  and  one-half  inches.  Only  one  side 
of  the  sheet  must  be  written  upon,  except  that  endorsements  may  be  upon  the 
reverse  side.  There  must  be  a  blank  margin  of  at  least  one  and  one-half  inches  at 
the  top  and  at  least  one  inch  wide  on  the  left  hand  edge  of  each  page.  All  papers 
must  be  plainly  endorsed  with  the  title  and  number  of  the  case  and  the  name  or 
nature  of  the  paper  before  filing.  The  Clerk  and  Referees  shall  refuse  to  file  papers 
which  do  not  conform  to  the  requirements  of  this  rule. 

710 


RULES  IN  DISTRICT  OF  WASHINGTON.  711 

IV. 

EXPENSE  OF  MAEING  UP  AND  BINDING  RECORDS. 

The  actual  expense  of  making  transcripts  of  the  Referee's  minutes,  and  binding* 
the  record,  must  be  paid  by  the  bankrupt,  or  out  of  his  estate,  before  a  discharge 
will  be  granted.     In  involuntary  cases  where  the  decision  is  adverse  to  the  peti- 
tioners, the  expenses  of  completing  and  binding  records  will  be  taxed  as  costs 
against  them. 


V. 

LETTERS  OF  ATTORNEY  AND  APPEARANCES  OF  ATTORNEYS  FOR 

CREDITORS. 

Attorneys  admitted  to  practice  in  this  court  or  in  the  United  States  Circuit 
Court  for  this  district,  who  represent  any  petitioner  or  creditor,  must  file  a  notice 
of  appearance  in  writing  and  duly  signed;  other  agents  or  attorneys  in  fact  must 
file  a  general  or  special  letter  of  attorney  executed  by  their  principals. 


VI. 

ADDRESS  OF  CREDITORS. 

Schedules  containing  lists  of  creditors  must  state  the  residence  of  each,  with 
particularity  as  to  city  or  town,  street  and  number,  or  the  post-office  address,  if 
known. 

vn. 

OFFICE  EXPENSES  OF  REFEREE. 

Referees  shall  be  entitled  to  charge  in  addition  to  actual  expenses  incurred  by 
them  in  each  case,  a  reasonable  amount  to  meet  their  expenses  for  office  rent  and 
furniture  necessary  for  transacting  their  official  duties  and  keeping  safely  the 
papers  and  records  belonging  to  the  bankrupt  estates,  provided  that  the  charge  for 
office  rent  and  furniture  shall  not  exceed  $5.00  in  a  contested  case  of  involuntary 
bankruptcy,  nor  $3.00  in  any  other  case. 


VIII. 
CUSTODY  OF  PAPERS. 

The  original  papers  filed  in  the  office  of  the  Clerk  shall  not  be  taken  from  the 
Clerk's  custody  except  by  the  Referee  for  the  use  during  the  pendency  of  a  refer- 
ence, and  while  in  the  custody  of  the  Referee  they  may  be  examined  at  his  office, 
"but  shall  not  be  taken  from  the  custody  of  the  Referee  by  any  person  on  any  pretext 
"Whatever,  until  the  Referee  himself  shall  return  them  to  the  Clerk's  office. 


712  RULES  IN  DISTRICT  OF  WASHINGTON. 

zx. 

PBOOF  OF  PUBLICATION. 

Proof  of  publication  of  all  notices  required  to  be  published,  shall  be  made  by 
the  aflSdavit  of  the  publisher  or  business  manager  of  the  newspaper  and  must  be 
accompanied  by  and  refer  to  a  printed  copy  of  the  notice  published,  and  must  state 
the  name  of  the  paper  and  place  of  publication  and  the  date  or  dates  of  each, 
appearance  of  the  notice  in  the  paper. 

X 

INDEMNITY  FOR  EXPENSES. 

In  each  case  referred,  the  Referee  may  require  as  indemnity  for  his  expenses, 
a  deposit  of  $10.00  in  money  from  the  petitioner  or  petitioners,  which  amount  shall 
be  accounted  for,  and  any  surplus  remaining  shall  be  repaid.  If  further  proceedings 
are  necessary  after  the  amount  of  the  deposit  has  been  exhausted,  the  Referee 
may  require  a  further  advance  from  the  moving  party,  of  an  amount  sufficient  to 
cover  whatever  expenses  may  be  necessary. 

ZI. 

EXPENSES  FEE  FOB  FILING  CLAIMS. 

To  cover  the  expense  of  the  Referee's  office  for  clerical  assistance  in  filing  and 
listing  claims,  Referee  will  collect  from  creditors  a  fee  of  fifteen  cents  for  each 
claim  presented. 

zn. 

TIME  FOR  FILING  CLAIMS  NOT  SCHEDULED. 

Claims  against  a  bankrupt  estate,  not  scheduled  by  the  bankrupt,  must  be 
presented  to  the  Referee  on  or  before  the  30th  day  after  the  first  meeting  of  credi- 
tors. Referees  will  send  by  mail  to  each  creditor  who  shall  have  presented  proof 
of  his  claim,  a  copy  of  each  proof  of  debt  not  scheduled  by  the  bankrupt;  and  to 
cover  the  expense  for  stationery  and  clerical  assistance  required  in  mailing  such 
copy,  they  will  collect  from  the  person,  firm  or  company  presenting  such  un- 
Bcheduled  claim,  20  cents  for  each  copy  to  be  sent. 

xni. 

OPPOSITION  TO  ALLOWANCE  OF  CLAIMS  AND  PREFERENCES. 

Creditors  and  other  interested  parties  having  objection  to  the  allowance  of 
any  claim  against  a  bankrupt  estate,  or  who  wish  to  contest  the  validity  or  justness 
of  any  lien  or  priority  of  any  debt  of  a  bankrupt,  must  specify  the  grounds  of  their 
opposition  in  writing,  and  present  the  same  to  the  referee  on  or  before  the  5th  day 
after  the  first  meeting  of  creditors,  as  to  all  debts,  liens  and  preferences  scheduled 
by  the  bankrupt;  and  as  to  all  claims  not  scheduled,  the  opposition  must  be 
presented  to  the  referee  on  or  before  the  20th  day  after  the  mailing  to  creditors 
of  copies  of  such  additional  claims,  as  required  by  the  12th  rule. 


RULES  IN  DISTRICT  OF  WASHINGTON.  713 

XIV. 

PBOCEEDINGS   IN   FORMA   PAUPERIS. 

When  the  petition  of  a  voluntary  bankrupt  is  presented,  accompanied  by  the 
prescribed  affidavit,  the  clerk  will  file  the  petition  and  docket  the  case.  As  the 
case  progresses,  the  petitioner  must  pay  the  necessary  expenses,  and,  before  a 
final  discharge  will  be  granted,  he  must  also  pay  the  amount  of  compensation  al- 
lowed to  the  clerk,  referee,  and  trustee,  or  else  make  a  showing  to  the  satisfaction 
of  the  court  that,  by  reason  of  ill  health  or  circumstances  of  peculiar  misfortune, 
he  is  a  worthy  subject  of  charity. 

XV. 

REFEREES— THEIR  GENERAL  POWERS. 

There  shall  be  and  hereby  is  conferred  upon  each  and  all  of  the  referees  in 
bankruptcy  of  the  above  named  court,  authority  and  power  to  do  and  perform 
each  and  every  act  which  courts  of  bankruptcy  ean  do  or  perform  (except  as  to 
questions  arising  out  of  the  application  of  bankrupts  for  composition  or  dis- 
charge) in  every  matter  which  may  be  hereafter  referred  generally  at  any  stage 
of  the  proceedings  therein,  unless  in  the  order  referring  said  matter  the  power 
and  authority  of  the  referee  shall  be  expressly  restricted.  And  upon  such  general 
reference,  the  referee  to  whom  the  matter  shall  have  been  referred  shall  have 
X)0wer  and  authority  and  it  shall  be  his  duty  to  proceed  in  the  matter  as  the 
judge  of  said  court  might  do  or  have  done  if  the  matter  had  not  been  so  referred. 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 
NORTHERN  DISTRICT  OF  CALIFORNIA. 


I. 

The  referee  will  not  be  allowed  expenses  on  account  of  clerk  hire,  or  for 
traveling  or  other  expenses,  to  which  he  may  be  entitled  under  General  Order 
XXXV,  unless  the  claim  therefor,  accompanied  by  proper  vouchers,  when  vouchers 
can  be  procured,  is  presented  to  and  approved  by  the  judge. — ^Dated  March  10,  1905. 

The  clerk  shall  immediately  upon  receipt  thereof  deposit  with  a  depository  of 
public  moneys  of  the  United  States,  in  trust,  and  to  the  credit  of  said  clerk  in 
his  official  capacity,  all  moneys  collected  by  him  for  the  payment  of  fees  of 
referees  and  trustees,  under  the  Bankruptcy  Act,  and  shall  on  the  first  day  of 
each  regular  term,  present  to  the  court  a  statement,  showing  all  moneys  received 
by  him  during  the  preceding  term,  and  also  the  balance  in  such  trust  fund;  said 
statement  to  show  in  detail  cases  in  which  such  moneys  have  been  received,  and 
in  what  cases  disbursements  have  been  made,  and  said  statement  and  vouchers 
accompanying  the  same,  shall  be  filed  in  court. — Dated  March  10,  1905. 

.  III. 

The  petition  by  or  against  a  person  in  bankruptcy,  shall  be  presented  and 
heard  only  in  open  Court;  and  all  motions  or  applications  for  orders  in  any  bank- 
ruptcy proceeding,  except  such  as  are  addressed  to  the  referee  in  bankruptcy,  will 
be  heard  only  at  the  beginning  of  the  morning  session  of  the  Court. — Dated  August 
31,  1898. 

IV. 

When  a  petition  for  voluntary  adjudication  in  bankruptcy  is  accompanied  by 
an  affidavit  stating  that  the  petitioner  is  without  and  cannot  obtain  the  money 
with  which  to  pay  the  fees  allowed  by  law  to  the  clerk,  referee  and  trustee,  the 
matter  of  the  ability  of  the  petitioner  to  pay  such  fees  shall  under  this  rule,  and 
without  further  order,  stand  referred  to  the  referee  to  whom  the  case  in  bankruptcy 
is  referred,  to  take  and  report  the  testimony  of  the  petitioner  in  relation  to  his 
ability  to  pay  such  fees. — Dated  November  6,  1905. 

V. 

Checks  or  warrants  drawn  pursuant  to  No.  XXIX  of  the  General  Orders  in 
Bankruptcy,  adopted  and  established  by  the  Supreme  Court  of  the  United  States, 

714 


RULES  IN  NORTHEKN  DISTRICT  OF  CALIFORNIA.        ?15 

November  29,  1898,  shall  be  countersigned  by  the  referee  having  jurisdiction  of  the 
case  to  which  the  moneys  so  drawn  against  belong. 

Copies  of  this  rule  and  of  said  general  order  shall  be  furnished  by  the  clerk 
of  this  Court  to  each  depository  within  this  district. — Dated  April  15,  1899. 


VI. 

When  there  are  no  assets  and  no  trustee  has  been  appointed,  and  no  application 
for  a  trustee  is  pending,  after  a  meeting  of  creditors  duly  called,  the  case  shall 
be  deemed  closed  for  the  purpose  of  the  payment  by  the  clerk  to  the  referee  of 
the  deposit  for  his  services  when  a  discharge  has  been  granted  or  refused  to  the 
bankrupt,  or  when  three  months  have  elapsed  after  the  first  meeting  of  creditors 
without  an  application  by  the  bankrupt  for  his  discharge. 

Where  a  trustee  has  been  appointed,  the  case  shall  be  deemed  closed,  and  the 
deposit  for  his  services  paid  to  him  on  the  confirmation  of  a  composition,  or  an 
approval  of  the  trustee's  final  account  and  payment  of  the  final  dividend,  or  upon 
the  trustee's  verified  report  that  no  assets  have  come  into  his  hands  or  were  dis- 
coverable. When  the  case  is  closed,  if  no  trustee  has  been  appointed,  the  deposit 
for  trustee's  services  shall  be  paid  by  the  clerk  to  the  bankrupt,  or  to  his  attorney 
for  the  use  of  said  bankrupt. — Dated  January  18,  1905. 


VII. 

Questions  certified  by  the  referee  to  the  Judge  of  this  Court  for  his  opinion, 
shall  be  placed  on  the  calendar  for  argument,  and  heard,  and  submitted  to  the 
Court  for  decision,  at  the  opening  of  the  Court  on  the  first  Saturday  after  the 
filing  of  the  certificate  with  the  clerk,  unless  otherwise  ordered  by  the  Court. — 
Dated  May  18,  1899. 

VIII. 

Application  for  the  discharge  of  the  bankrupt,  or  for  confirmation  of  a  composi- 
tion, duly  verified,  should  be  filed  in  the  first  instance  with  the  referee  in  charge, 
who  will  thereupon  fix  a  day  for  the  hearing  before  the  Judge,  which  may  be  upon 
any  Saturday  at  10  a.  m.,  and  give  the  requisite  notices  thereof  to  all  creditors  or 
other  persons  interested,  and  thereafter  transmit  to  the  clerk  of  the  Court  two  days 
prior  to  the  return  day,  due  proof  of  the  service  of  such  notices,  together  with 
the  petition  for  discharge  or  composition.  On  the  return  day,  the  default  of  all 
creditors  not  appearing  in  opposition  to  the  discharge  or  composition  shall  be 
entered.  Upon  due  filing  of  written  specifications  of  the  grounds  of  opposition  to  the 
discharge  or  composition,  the  same  shall,  unless  otherwise  ordered  by  the  Court,  be 
referred  to  the  referee  in  charge  to  take  the  proofs  and  testimony  offered  by  the 
parties,  and  to  ascertain  and  report  the  facts.  The  hearing  thereon  before  the 
referee  may  be  brought  on  by  either  party  on  four  days'  notice  to  the  other. — 
Dated  June  11,  1900. 


IX. 

When  the  Court  refers  any  matter  specially  to  a  referee  to  take  evidence,  or  to 
report  upon  any  specified  issue  or  issues  of  law  or  fact,  for  the  information  of  the 
Court,  the  referee  shall  be  entitled  to  a  per  diem  compensation  at  the  rate  of 


716        RULES  IN  NORTHERN  DISTRICT  OF  CALIFORNIA. 

$10  per  day  for  each  day  he  is  necessarily  engaged  under  said  order  of  reference. 
The  fees  of  the  referee  and  the  costs  for  taking  and  transcribing  the  testimony 
under  each  order  of  reference  shall  be  stated  in  his  report,  and,  may  be  excepted 
to  by  the  bankrupt,  or  any  party  in  interest.  Said  fees  shall  be  chargeable  in  the 
first  instance  to  the  party  opposing  the  adjudication,  or  application  for  discharge 
or  composition,  and  may  be  demanded  by  the  referee  before  proceeding  with  the 
hearing,  but  the  sum  so  paid,  may  in  the  event  that  such  opposition  is  successful 
be  allowed  by  the  Court  as  a  charge  against  the  estate. — Dated  June  11,  1900. 


A  petition  for  a  review  by  the  Judge  of  an  order  made  by  the  referee,  as  pro- 
vided in  General  Order  No.  XXVII  of  the  General  Orders  in  Bankruptcy,  must 
be  filed  with  the  referee  within  ten  days  from  the  date  of  notice  of  such  order, 
unless,  for  good  cause  shown,  such  time  is  extended. — Dated  June  11,  1900. 


ZI. 

A  person  entitled  to  file  a  petition  for  review,  or  a  petition  for  the  re-examina- 
tion of  any  claim  filed  against  the  bankrupt's  estate,  shall  at  the  time  of  filinc 
deposit  with  the  referee,  such  sum  as  the  referee  may  designate  as  required  to 
cover  the  cost  of  such  proceedings. — Dated  June  11,  1900. 

(Signed)  JOHN  J.  DE  HAVEN, 

Judge, 


RULES  OF  THE  DISTRICT  COURT 

IN   BANKRUPTCY. 

DISTRICT  OF  OREGON. 


When  any  question  is  certified  here  for  review  of  the  decision  of  a  referee, 
the  record  so  transmitted  shall  be  filed  by  the  clerk,  who  shall  forthwith  notify 
the  parties,  or  their  counsel;  and,  unless  the  parties  within  ten  days  thereafter 
appear  to  request  a  hearing  in  this  court  before  the  court  or  judge  on  the  ques- 
tion so  certified,  the  same  shall  be  disposed  of  by  the  court  or  judge  on  the  record, 
without  further  hearing  unless  ordered  by  the  court  or  judge. 

II. 

a.  When  specifications  in  objection  to  the  discharge  of  a  bankrupt  are  made 
a  copy  of  such  specifications  shall,  before  the  same  are  filed,  be  served  upon  the 
bankrupt  or  his  attorney  and  proof  of  such  service  made  upon  the  original,  and 
the  bankrupt  may,  within  ten  days  from  the  date  of  such  service,  demur,  answer 
or  otherwise  plead  to  such  specifications,  but  not  otherwise. 

&.  At  the  expiration  of  ten  days  from  the  filing  of  the  specifications,  the  record 
so  made  up  on  such  objections  shall  thereupon  be  forthwith,  by  an  order  filed 
by  the  clerk,  referred  to  the  referee  having  jurisdiction  of  the  cause  to  take  the 
testimony  for  and  against  the  specifications,  and  report  the  same  back  to  this  court, 
together  with  his  findings  of  fact  and  law. 

*IV. 

Upon  the  coming  in  of  the  Referee's  report,  the  procedure  prescribed  in  Rule 
1,  this  day  adopted,  shall  apply  in  all  contested  applications  for  discharge  as  to 
a  hearing  on  the  merits  in  this  court. 

V. 

In  all  voluntary  cases,  when  the  Judge  is  in  the  District,  and  no  objections 
are  on  file,  the  Clerk  shall,  upon  filing  the  petition  for  adjudication,  enter  of 
record  and  file  the  order  of  adjudication  and  order  referring  the  cause  to  the 
proper  referee;  and  in  pauper  cases  and  in  cases  where  the  costs  incident  to  the 
bankrupt's  petition  for  discharge  are  payable  out  of  the  estate,  and  in  such  other 
cases  as  moneys  are,  or  maybe,  payable  out  of  the  estate  for  the  purposes  of  ad- 
ministration, the  Clerk  shall  enter  the  order  for  the  payment  of  all  such  fees  and 
costs;  and  when  no  objections  are  on  file  to  the  discharge  of  a  bankrupt  the  Clerk 
shall  also  enter  the  order  of  discharge  as  of  course. 

Adopted  March  25,  1909. 

*  No  rule  III.  at  present. 
717 


GENERAL  INDEX. 


GENERAL    INDEX. 


A 

ACCEPTANCE :                                                                                                           pagb 
of  offer  of  composition 389 

ACCOUNT  : 

oath  to  final 112,  272 

final,  notice  to  creditora. 183 

of   receiver Ill 

of  trustee 270 

order  passing  and  allowing 189 

notice  of  hearing,  receiver's :     114 

objections  to  receiver's 115 

objections  to  trustees 273 

report  of  special  master  on 118 

order  passing  trustee's 189 

ACKNOWLEDGMENT  :  (See  Oath.) 

by  partnership  to  letter  of  attorney 215 

by  corporation  to  letter  of  attorney  215 

ACTIONS.     (See  Suit,  Receiver,  Trustee.) 

ACTS  OF  BANKRUPTCY  : 

admission  of •••     ^3 

by  directors  of  a  corporation 43 

enumerated  generally ,. . . .  31,32,33 

trial  by  jury  of  issue 53 

Bankruptcy  Act  of  1898 557,-595 

ADJUDICATION : 

order  denying 65 

notice  of 137 

effect  of 63,  64 

order  of 62 

partnership  and  Individual 64 

principal  place  of  business 28 

petition  to   vacate 75 

notice  of  motion  to  vacate 77 

when  order  may  be  entered 63 

consent  to 62 

ADMISSION: 

of  inability  to  pay  debts,  etc 43 

721 


722  GENERAL  INDEX. 

ADVERSE  CLAIMANTS:  page 

consent  to  jurisdiction 44^ 

meaning  of  term 444^ 

AFFIDAVIT: 

of  attorney  to  conform  to  rule 99" 

by  receiver  for  leave  to  begin  action 104r 

of  bankrupt  as  to  exemptions 156- 

of  lost  bill  or  note 212" 

of  mailing  notices 141 

of   publication 140 

of  trustee  upon  assessment  for  personal  taxes  against  estate 252 

to  intervene  in  State  Court  action  by  trustee 256 

to  stay  sale  by  trustee,  of  mortgaged  chattels 338 

to  stay  suit  (Supplementary  Proceedings) 340' 

of  mailing  notice  of  petition  of  bankrupt  for  discharge 350' 

for  cancellation  of  a  judgment 380- 

to  dissolve  lien  of  attachment 424 

to  make  mandate  order  of  court  below 497 

AGENT: 

proof  of  claims  by,  (See  Claims) 

AMENDMENT: 

of  petition,  petition  for 80- 

of  specifications 365 

of  discharge 355 

of  proof  of  claim 201,  202: 

of  schedules 153,  154,  155 

of  record  on  appeal,  order  of 491 

of  printed  record  on  appeal  and  directing  printing,  order  of 492; 

ANCILLARY  PROCEEDINGS: 

petition  for  appointment  of  receiver 131 

order    thereon 133- 

ANSWER: 

of  alleged  bankrupt 4ff 

alleging  more  than  twelve  creditors 4T 

denying    bankruptcy 4& 

general  answer 49' 

of    creditors 51 

order  extending  time  to 61 

consent  to  withdraw 62 

in  reclamation  proceedings 415 

of  bankrupt  to  rule  to  show  cause  for  contempt 434 

of  assignee  for  benefit  of  creditors  to  rule  to  turn  over  property  to  re- 
ceiver      436 

APPEAL:     (See  Petition,  Review,  Writs  of  Error.) 

notice  of 476,  489 

petition    for,    to    Circuit    Court    of    Appeals    from    order    denying    dis- 
charge and  order  allowing  same 477 

citation    on 482" 

assignment  of  errors 484 


GENERAL  INDEX.  TZ3 

APPEAL — Continued.  page 

bond  on 435 

bond  on,  notice  of  filing  of 437 

stipulation  as  to  record  on 488 

appearance  of  counsel  on 49O 

order  amending  record  on 491 

order  amending  printing  record  and  directing  printing 492 

petition  to  restore,  to  calendar 493 

notice  of  motion  to  restore,  to  calendar 494 

order  for  mandate 495 


mandate 


496 


affidavit  to  make  mandate,  order  of  court  below 497 


notice  of  motion  thereon, 
order  on  mandate 


petition  for  appeal  from  a  Circuit  Court  of  Appeals  to  the  Supreme 
Court  of  the  U.   S 

order  allowing  appeal  from  a  Circuit  Court  of  Appeals  to  the  Supreme 
Court  of  the  U.  S 


498 
499 


508 


510 

APPEARANCE: 

notice  of  by  bankrupt  or  creditor 38 

by  intervening  creditor 39 

by  objecting  creditor  to  discharge 356 

of  objecting  creditor  on  composition 399 

of  counsel  on  appeal 49O 

APPOINTMENT: 

oath  and  report  of  appraisers 181 

APPRAISERS: 

petition   for  allowance 182 

order  granting  allowance 184 

ASSESSMENT: 

order  directing,  for  unpaid  stock  subscriptions 469 

ASSETS: 

order  directing  delivery  to  trustee,  etc 108 

petition  that  bankrupt  turn  over  assets 168 

order  directing  bankrupt  to  turn  over  assets 171 

petition  for  leave  to  reject  as  burdensome 246 

order  authorizing  trustee  to  reject  as  burdensome 247 

trustee's  return  of  no  assets 269 

ASSIGNED  CLAIMS: 

proof,  how   made 200 

ASSIGNEE: 

answer  of,  to  rule  to  turn  over  property  to  receiver 436 

ASSIGNMENT  OF  ERROR 484 

ATTACHMENT: 

affidavit  to  dissolve  lien  of 424 

notice  of  motion  to  dissolve  lien  of 427 


724  GENERAL  INDEX. 

ATTORNEY:  page 

petition  of  receiver  to  retain 98 

aflSdavit  of  attorney  thereon 99 

order  authorizing  retention ; 100 

petition  of  receiver's  for  allowance 116 

order  appointing  for  trustee 151 

petition  to  reconsider  fee  of 172 

order  that  attorney  repay  money 173 

order  fixing  allowance  of  bankrupt's 191 

appearance  of,  on  appeal 490 

ATTORNEY  IN  FACT: 

proof  of  claim  by 207,  208 

power  of  attorney  to,   general 213 

special  216 

ATTORNEY  GENERAL: 

report  for,  of  Referee  in  bankruptcy  to  clerk 533 

AUCTIONEERS: 

notice  of  taxation  of  charges  of 329 


B 

BANKS: 

order  designating  depository  of  bankruptcy   funds 441 

bond   of  depository 442 

BANKRUPT: 

willingness  to  be   adjudged 43 

answer  of  denying   insolvency 46 

alleging  more  than  12  creditors 47 

general  answer  of 49 

order    for    examination    of 283 

form  of  examination  of 294 

petition  for  discharge  of 347 

answer  of,  to  rule  to  show  cause  for  contempt 434 

attorney  for,  allowance  of 191,  192 

BANKRUPTCY  ACT: 

as  amended  1910 557-594 

BILL  IN  EQUITY: 

to  set  aside  mortgage  under  Sec.   60,  a,  b,  and  sec.   67-e  within  four 

months'  period  where  property  has  been  sold  free  and  clear  of  liens 447 

I  for  conspiracy  to  defraud  creditors 464 

to  recover  unpaid  stock  subscriptions 471 

BILL  OF  COSTS  AND  NOTICE  OF  TAXATION  IN  RECLAMATION 422 

BILL  OF  SALE: 

of  personal  property  by  trustee 2^" 

complaint  to  set  aside  under  Sec.  70,  made  beyond  four  months  period..  456 


GENERAL  INDEX.  725 

BOND:  FAGB 

to  marshal  for  release  of  property 57 

to  marshal  by  petitioning  creditors 57 

petition  that  petitioners'  be  increased 58 

order  denying  petition  to  increase 60 

of  petitioning  creditor 92 

of    receiver 96 

of    referee 136 

of  trustee 239 

order  approving  trustee's 148 

in  reclamation  proceedings  for  possession   of  property 417 

of   depository 442 

on    appeal 485 

notice  of  filing  of  on  appeal 487 

on  ne  exeat 518 

BURDENSOME  PROPERTY: 

petition  for  leave  to  reject  assets  as 246 

order  authorizing  trustee  to  reject  assets  as 247 

BUSINESS  OF  BANKRUPT: 

order  allowing  trustee  extra  compensation  for  conducting 274 

c 

CALENDAR: 

petition  to  restore  appeal  to 493' 

notice  of  motion  to  restore  appeal  to 494 

CERTIFICATE: 

of  falsity  of  pauper  affidavit 162~ 

of  contempt 175 

on  review  by  referee     177 

of  default  of  witness 179 

closing  case   for   laches 180 

of  referee's  indemnity 190 

of  disqualification   by   referee 194 

of  commissioner  on  deposition 297 

of  referee  on  discharge 352 

of  deposit  on  composition 391 

of  referee  on  composition 395 

of  question  in  a  bankruptcy  proceeding  by  a  Circuit  Court  of  Appeals 

to  the  Supreme  Court 513 

CERTIORARI:    (See  Writs.) 

CIRCUIT  COURT  OF  APPEALS:    (See  Appeals,  Writs.) 

CITATION: 

on    appeal 482 

CLAIM: 

proof  of,  unsecured 199 

proof  of,  secured 202 

due  corporation,  proof  of 204 

by  partnership,  proof  of 206 


726  GENERAL  INDEX. 

CLAIM — Continued.  page 

by  agent  or  attorney,  proof  of 207 

by  agent  or  attorney,  proof  of  secured 208 

by  trustee  in  bankruptcy,  proof  of 210 

for  wages,  proof  of 211 

proof  of  priority 211 

objections  to    217 

be  reconsidered,  petition  that 219 

notice  thereon 221 

order  to  show  cause  why  claim  should  not  be  reconsidered,  reduced  or 

expunged   222 

order   reducing  or   expunging 223 

order    allowing 224 

petition  to  pay   priority 228 

order  directing  payment  of  priority 229 

petition  to  review  order  rejecting 231 

petition  that  all  claims  to  securities,  etc.,  be  presented  and  referred...   232 

order  to  show  cause  thereon 234 

"  Omnibus  Order  "  referring  claims  to  securities,  etc.,  to  Special  Master 
for    determination 236 

CLERKS: 

report  of  referee  to,  for  attorney-general 533 

COMPENSATION:    (See  Receiver,  Trustee,  Attorney.) 

order  allowing  extra,  to  trustee  for  conducting  business 274 

COMPLAINT: 

upon  promissory  note "^43 

against  defaulting  purchaser  for  deficiency  upon  resale 445 

to  set  aside  under  Sec.  70,  bill  of  sale  made  beyond  4  months  period. . .  .  456 

to  declare  secret  trust 462 

COMPOSITION: 

offer   of 386 

petition  for  meeting  to  consider 388 

acceptance  of  offer  of 389 

application  for  confirmation  of 390 

arrangement  of  papers  thereon "-1 

certificate  of  deposit  thereon 391 

notice  to  creditors  for  publication 393 

notice  to  creditors  to  show  cause 391 

referee's  certificate  thereon 395 

order  confirming  and  making  distribution 396 

notice  of  appearance  of  objecting  creditor 399 

specifications   of   objection   to 400 

exceptions  to  specifications 402 

report  of  special  master  on  specifications 403 

order  refusing  confirmation 404 

petition  to  set  aside 405 

order  setting  aside 408 

COMPROMISE  OF  CONTROVERSY: 

petition  of  trustee  for  meeting  to  consider 164 

order    authorizing 166 

notice  to  creditors  of ^^^ 


GENERAL  INDEX.  727 

CONDITIONAL  SALE:     (See  Reclamation.)  page 

CONFESSION   OF  BANKRUPTCY:     (See  Admission.) 

CONSENT: 

to  withdraw  answer 62 

of  bankrupt  to  appointment  of  receiver 91 

CONSPIRACY: 

to  defraud  creditors,  bill  in  equity  for 464 

•CONTEMPT  OF  COURT: 

certificate   of 175 

order  adjudging  bankrupt  in 430 

answer  of  bankrupt  to  rule  to  show  cause  for 434 

order  purging  of 435 

'CONTRACTS : 

order  authorizing  receiver  to  complete 103 

CONTROVERSIES:    (See  Compromise). 

•COPYRIGHTS: 

order  that  trustee  transfer 163 

CORPORATION: 

acknowledgment  by  to  letter  of  Attorney 215 

proof    of    claim    by 204 

admission  of  bankruptcy  by 43 

COSTS: 

demand  for  security  for,  from  trustee  plaintiff 266 

order  requiring  trustee  to  give  security  for 267 

CREDITORS: 

answer  of,  to  involuntary  petition 51 

petition  for  meeting  of,  to  consider  an  offer  o£  composition 388 

•CRIMINATING  QUESTIONS: 

rules  as  to 282 

•COUNSEL:    (See  Attorney). 

appearance   of,   on   appeal 490 


D 


DEBTS: 

admission  of  inability  to  pay 44 

DEED: 

to  real  property  by  trustee 251 

DEFAULTING  PURCHASER: 

complaint  against,  for  deficiency  upon  resale 445 

DEMAND: 

for  jury  trial 52 


728  GENERAL  INDEX. 

DEMAND — Continued.  page 

for  security  for  costs  from  trustee  plaintiff 266 

in    reclamation 4q^ 

DEMURRER: 

to  petition 44 

notice  of  argument  of 4& 

DENIAL  OF  BANKRUPTCY: 

by  bankrupt 45 

DEPOSIT: 

certificate   of,   on   composition 391 

DEPOSITIONS: 

notice  of  taking,  (de  bene  esse) 295 

form   of 296 

certificate  of  commissioner  or  notary 297 

DEPOSITORIES: 

orders  designating,  for  bankruptcy  funds 441 

bond   of ;  442 

DISCHARGE: 

bankrupt's  petition  for 347 

order  to  show  cause  thereon 349 

affidavit  of  mailing  notice  of  petition  for  discharge  of  bankrupt 350 

notice  on  same  for  publication 351 

referee's  certificate  on 35? 

arrangement  of  papers  on,  as  required  in  Southern  District  of  New  York.  353 

order    of 353: 

notice  of  appearance  of  objecting  creditors  on 356 

specifications   of  objection    to 357 

exceptions  to  specifications 364 

petition  to  amend  specifications 365 

order  of  reference  to  Special  Master 367 

notice  of  hearing  before  Special  Master 369 

report  of  Special  Master  on  specifications 370- 

arrangement  of  papers  on  contested  discharge  in  Southern  District  of 

New    York     373 

order  opening  default  on  discharge  proceedings 373 

order  denying  discharge  on  report  of  Special  Master 374 

petition  for  extension  of  time  to  apply  for 376 

referee's  certificate  on  application  for  extension  of  time 378 

order  extending  time  to  apply  for   discharge 379 

affidavit  for  cancellation  of  a  judgment  (New  York  practice) 380 

petition  to  revoke  discharge 382 

order   revoking   discharge 383 

denying  or  allowing,  petition  for  appeal  to  Circuit  Court  of  Appeals 

from    477 

DISMISSAL:    (See  Petition.  Specifications.) 

DISTRIBUTION: 

order  of  on  composition 896- 


GENERAL  INDEX.  729 

DIVIDEND:  page 

order  declaring  first 185 

sheet     185 

notice   of   and    warrant 187 

order  declaring  final 189 

DOCUMENTS:      (See  Subpoena  duces  tecum.) 

E 

EMPLOYEES:    (See  Wages,  Wage  Earners). 

ENCUMBRANCES: 

free  and  clear  of   (see  Sales). 

ENGAGED  PRINCIPALLY  IN: 

meaning  of 29 

EQUITY: 

bill  in,  to  set  aside  mortgage  under  Sec.  60,  a,  b,  and  Sec.  67-e,  within  four 

months  period,  where  property  has  been  sold  free  and  clear  of  liens. .  447 

bill  in,  for  conspiracy  to  defraud  creditors 464 

bill  in,  to  recover  unpaid  stock  subscriptions 471 

replication  by  trustee  in  equity  suit 475 

ERRORS: 

assignment    of 484 

EXAMINATION  OF  BANKRUPT: 

order  for 283 

order  for  before  Commissioner 280 

petition    therefor 278 

form   of 294 

EXAMINATION  OF  THIRD  PERSONS:    (See  Witness.) 

petition  by  receiver  under  Sec.  21-a 278 

order   therefor 280 

petition  by  trustee  and  for  subpoena 284 

order    therefor 285 

petition  that  marshal  produce  prisoner 286 

order    thereon 287 

form    of 294 

EXCEPTIONS: 

to  trustee's  report  on  exemptions 244 

to  specifications  of  objection  to  discharge 364 

to  specifications  of  objection  to  confirmation  of  a  composition 402 

EXECUTIONS:    (See  Sheriff.) 

order  dissolving  lien  of 428 

EXEMPTIONS: 

affidavit  of  bankrupt  as  to 156 

order  allowing,  when  no  trustee 157 

petition  for  review  of  order  on 161 

trustee's  report  on 242 


730  GENERAL  INDEX. 

EXEMPTIONS — Continued.  page 

exceptions   to   same    244 

order  allowing  exemption  on  report 245 

notes  containing  waiver  of 159 

in  homesteads   159 

practice    on 160 

in  partnership  assets 160 


F 

FALSE  OATH:    (See  Discharge,  Acts  of  Bankruptcy,  Examinations.) 

FARMERS: 

may  not  be  adjudged  involuntary  bankrupt 28 

FILING  FEES:    (See  Petition,  Claim,  Referee.) 

FRAUDULENT  TRANSFERS:    (See  Suits,  Trustee,  Discharge,  Act  of  Bank- 
ruptcy.) 

G 

GENERAL  ASSIGNMENT: 

as   an   act   of  bankruptcy 32 

GENERAL  ORDERS: 

of    Supreme   Court    535 

H 

HABEAS  CORPUS: 

petition  for  writ  of 519 

writ    of 522 

HEARING:    (See,  Referee,  Examination.) 

HOMESTEADS: 

exemptions  of   159 

I 

INDEMNITY: 

referee's  certificate  of 190 

INDICTMENT: 

for  concealment  of  assets 538 

notes    on 531,  532 

INFANT: 

may  file  voluntary  petition 19 

INJUNCTIONS:   (See  Restraining  Orders.) 

INSOLVENCY: 

appointment  of  receiver  by  reason  of 32 


GENERAL  INDEX.  731 

INTERVENTION:  page 

petition    for 40 

order    allowing 42 

notice   of 39 

affidavit  of  trustee  to  intervene  in  State  Court  action 256 

order  allowing  trustee  to  intervene 258 

INVOLUNTARY   PROCEEDINGS:    (See   Petition). 

order  dismissing  by  consent 73 

INVOLUNTARY   PETITION: 

by  three  creditors 26 

by  one  creditor  against  partnership 34 

J 

JUDGMENT: 

cancellation  of,  application  for 380 

in  reclamation  for  delivery,  etc 420 

JURISDICTION:    (See  Appeals,  Writs  of  Error,  Suits  by  Trustee.) 

JURY  TRIAL: 

demand    for 52 

order  for 53 


L 

LEASE: 

notice  of  adoption  of,  by  trustee 253 

LEGAL  PROCEEDINGS: 

order  directing  trustee  to  abandon 259 

LETTER  OF  ATTORNEY: 

general   213 

special   216 

acknowledgment  by   partnership   to 215 

acknowledgment  by  corporation  to 215 

LIEN: 

of  attachment,  aflBdavit  to  dissolve 424 

of  attachment  notice  of  motion  to  dissolve 427 

LIENOR: 

answer    of 129 

LOST  BILL  OR  NOTE: 

affidavit   of 212 

LUNATIC: 

may  be  adjudged  bankrupt 19 


732  GENERAL  INDEX. 

M 

MANDAMUS:                                                                                                             '  p^cK 

petition  for  writ  of 522 

MANDATE: 

form   of 496 

order    for 495 

aflQdarit  to  make,  order  of  court  below 497 

notice  of  motion  thereon 49g 

order    on 49^ 

MANUFACTURING  CORPORATIONS: 

■when  subject  to  bankruptcy 29 

MARRIED  WOMEN: 

when  may  be  adjudged  bankrupt 28 

MARSHAL: 

return  of,  on  subpoena 3^ 

warrant  to  and  return  55 

bond  to,  for  release  of  property 57 

bond  of  petitioning  creditors  to 57 

petition   to   produce   prisoner   for   examination 28€ 

order  thereon 287 

MEETING  OF  CREDITORS: 

order  for  after  thirty  dayB 138 

notice  of  first 139 

list  of  debts  proved  at  first 142 

MERCANTILE  PLTRSUITS: 

defined    29 

MONEY:    (See  Depositories.) 

MORTGAGE: 

bill  in  equity  to  set  aside  under  Sec.  60,  a,  b,  and  Sec.  67-e,  within  four 

months  period  where  property  has  been  sold  free  and  clear  of  liens.   447 

MOTION: 

to  vacate  adjudication,  notice  of 77 

to  confirm   report  of  Special   Master 120 

notice  of,  to  dissolve  lien  of  attachment 427 

notice  of,  to  restore  appeal  to  calendar 494 

notice  of,  on  affidavit  to  make  mandate  order  of  court  below 497 

notice  of,  for  stay  pending  review 507 

N 

NE  EXEAT: 

order    of 51C 

bond  on 518 

NETW^SPAPERS: 

designation  of.  (See  mlee.) 


GENERAL  INDEX.  733 

NOTE:  ^A0« 

complaint    upon    promissory 443 

NOTARY  PUBLIC: 

certificate  of,  on  deposition 297 

NOTICE: 

of  appearance  by  bankrupt  or  creditor 38 

by    intervening    creditor 39 

of  argument   of  demurrer 45 

of    trial 54 

of  hearing  before  special  master 69,  114 

of  motion  to  vacate  adjudication 77 

of  motion  to  confirm  report 120 

of    adjudication 137 

of  defective  proof  of  debt 152 

of  special  meeting 165 

of  dividend  and  warrant 187 

•       of  final    meeting 188 

to  claimant  th?t  claim  is  to  be  reconsidered 221 

of  adoption  of  lease  by  trustee 253 

of  taking  deposition   (de  bene  esse) 295 

of   sale    by    receiver 306 

of  sale  upon  sealed  bids 307 

of  sale   by   trustee 309 

of  motion  to  sell  free  of  liens 319 

of  taxation  of  auctioner's  charges 329 

of  petition  for  bankrupt's  discharge,  for  publication 35 

of  appearance  of  objecting  creditor  to  discharge 356 

of  hearing  before  special  master  on  specifications  of  objection  to  dis- 
charge       369 

of  confirmation  of  a  composition 393 

of  appearance  on  contested  composition 399 

of  motion  on  petition  to  reclaim 415 

of  taxation  in  reclamation 422 

of  motion  to  dissolve  lien  of  attachment 427 

of   appeal 476.  489 

of  filing  of  bond  on  appeal 488 

of  motion  to  restore  appeal  to  calendar 494 

of  motion  to  make  mandate  order  of  court  below 497 

of  motion  for  stay  pending  review 507 

of  filing  petition  to  review 506 


o 

OATH: 

to  schedules 8,  17 

to   petition    in   bankruptcy 2 

to  list  of  creditors  by  petitioners 72 

of  office,   by   referee 136 

to  final  account  of  trustee 270 

of  appraisers 181 


734  GENERAL  INDEX. 

OBJECTIONS:  p^cp 


to  receiver's  account. 


115 


to  proof  of  debt 217 


to  trustee's  account. 


272 


to   discharge,   specifications   of 35^ 

to  composition,  specifications  of 40^^ 

OFFENSES:    (See  Discharge.) 

OFFER: 

of    composition 386 

petition  for  meeting  to  consider 388 

acceptance  of 38& 

ORDER : 

allowing  intervention 42 

for  jury  trial 53 

denying  increase  of  bond 60 

of  adjudication  and  reference 62 

denying    adjudication *5 

dismissing  petition,  etc 66 

referring  issues  to  special  master 68 

upon  report  of  master  dismissing  petition 70 

directing  bankrupt  to  file  schedules 71 

dismissing  proceeding  upon  consent 73 

of    publication 79 

remanding    proceeding 83 

extending  time  to  answer 61 

appointing  temporary  receiver 88 

appointing  receiver  after  adjudication 95 

authorizing  retention  of  counsel 100 

authorizing  receiver  to  continue  business 102 

that  receiver  complete  contracts 103 

authorizing  receiver  to  begin  action 105 

permitting  receiver  to  join  in  petition 106 

permitting  suit  against  receiver 107 

directing  delivery  of  assets  to  trustee 108 

confirming  report  of  special  master 121 

vacating   receivership 123 

authorizing  issuance  of  receiver's  certificates 124 

appointing  ancillary  receiver 133 

for  first  meeting  after  thirty  days 138 

approving  trustee's  bond 148 

that  no  trustee  be  appointed 149 

appointing  attorney  for  trustee 151 

to  show  cause  to  amend  schedules 154 

amending    schedules 155 

allowing  exemptions,  when  no  trustee 157 

that  trustee  transfer  copyright 163 

authorizing    compromise 166 

that  bankrupt  turn  over  concealed  assets 171 

that  attorney  repay  moneys 173 

granting  allowance  to  appraisers 184 

declaring  first  dividend 185 

passing  trustee's  account  and  declaring  dividend 189 


GENERAL  INDEX.  735 

ORDER — Continued.  pace 

granting  allowance  to  bankrupt's  attorney 191 

substituting    referee « 195 

of  protection  from  arrest 197 

to  show  cause  why  claim  should  not  be  reconsidered,  reduced   or  ex- 
punged       222 

reducing  or  expunging  claim 223 

allowing    claim 224 

directing  payment  of  priority  claims 229 

to  show  cause  on  petition  that  all  claims  to  securities  be  presented  and 

referred    234 

"  Omnibus  "  referring  claims  to  securities,  etc.,  to  special  master  for  de- 
termination       236 

allowing  exemptions  on  report 245 

authorizing  trustee  to  reject  assets  as  burdensome 247 

for  trustee  to  continue  business  of  bankrupt 249 

for  examination  under  sec.  21-a 280 

for  examination  of  bankrupt 283 

for  examination  before  referee 285 

that  marshal  produce  prisoner  for  examination 287 

for  appraisal  and  sale  before  adjudication 301 

for  appraisal  and  sale  upon  sealed  bids 304 

for  private  sale  by  trustee 311 

for  sale  at  auction  of  real  estate 313 

for  sale  of  perishable  property  without  notice 314 

for  sale  subject  to  lien 315 

directing  sale  free  and  clear  of  liens 321 

confirming  sale 325 

for  resale  upon  default 330 

to  show  cause  to  vacate  sale 332 

allowing  trustee  to  intervene 256 

directing  trustee  to  abandon  legal  proceedings 259 

ratifying  acts  of  trustee 260 

to  show  cause  on  petition  for  removal  of  trustee 262 

for  removal  of  trustee 263 

for  choice  of  new  trustee 265 

requiring  trustee  to  give  security  for  costs 267 

allowing  trustee  extra  compensation  for  conducting  business 274 

discharging  trustee • 277 

to  show  cause  for  a  stay 335 

injunction     336 

staying  suit  in  state  court 341 

to  show  cause  on  bankrupt's  petition  for  discharge 349 

of  discharge 353 

of  reference  to  special  master  on  specifications  of  objection  to  discharge.  367 

opening  default  on  discharge  proceeding 373 

denying  discharge  upon  report  of  special  master 374 

extending  time  to  apply  for  discharge 379 

revoking    discharge 383 

to  show  cause  to  confirm  a  composition 394 

confirming  a  composition  and  making  distribution 396 

refusing  to  confirm  a  composition 404 

setting  aside  a  composition 408 

of  reference  to  special  master  in  reclamation  proceedings 419 


73G  GENERAL  INDEX. 

ORDER — Continued.  page 

dissolving  lien  of  attachment 427 

adjudging  bankrupt  in  contempt 430 

purging  of  contempt 435 

designating  depository   of  bankruptcy   funds 441 

directing  assessment  for  unpaid  stock  subscriptions 469 

amending  record  on  appeal 491 

amending  printed  record  on  appeal  and  directing  printing 49? 

for  mandate 495 

of  court  below,  affidavit  to  make  mandate 497 

on    mandate 499 

allowing  appeal  from  a  Circuit  Court  of  Appeals  to  the  Supreme  Court 

of  the  United  States 510 

of  ne  exeat 516 

general  orders  of  Supreme  Court 535 

P 

PARTNERS.   (See  Partnership.) 

what  non-assenting  may  plead 25 

PARTNERSHIP:      (See  Claims.) 

petition    22 

all  partners  not  joining 24 

involuntary  against 34 

acknowledgment  by,  to  letter  of  attorney 215 

PAUPER  CASES: 

certificate  of  falsity  of  affidavit  in 162 

when  bankrupt  may  file  in  forma  pauperis 19 

PENSION  MONEY: 

exemption   of 160 

PERISHABLE  PROPERTY: 

petition  by  receiver  for  sale  of 308 

petition  and  order  by  referee  for  sale  of 314 

what    is 314 

PERSONAL  PROPERTY:    (See  Sales.) 

trustee's  bill  of  sale  of 250 

PETITION: 

debtor's   voluntary 2 

partnership     22 

all  partners  not  joining 24 

involuntary  by  three  creditors 26 

involuntary  by  one  creditor  aaginst  partnership 34 

to  intervene 40 

demurrer  to 44 

that  bond  of  petitioners  be  increased 58 

to  vacate  adjudication 75 

for  service  by  publication 78 

to  amend  petition 80 

order  dismissing,  etc., 66 


GENERAL  INDEX.  737 

PETITION— Continued.  page 

for  appointment  of  receiver 86 

same,  after  adjudication,  etc 94 

to  retain  counsel,  by  receiver 98 

by  receiver  to  continue  business 101 

of  receiver's  attorney  for  allowance IIG 

for  appointment  of  ancillary  receiver 131 

to   amend   schedules 153 

to  review  order  on  exemptions IGl 

for  meeting  to  consider  compromise 164 

for  meeting  to  Indemnify  trustee 167 

that  bankrupt  turn  over  assets 108 

to  reconsider  attorney's  fee 172 

to  review  referee's  order 176 

of  appraisers  for  allowance 182 

for  redemption  of  property  from  lien 193 

for   protection   from   arrest 196 

that  proof  of  debt  be  reconsidered 219 

for  leave  to  reject  assets  as  burdensome 246 

by  trustee  for  leave  to  continue  business  of  bankrupt 248 

for  leave  by  trustee  to  sue 254 

for  removal  of  trustee 2C1 

by  receiver  for  examination  (sec.  21-a) 278 

by  trustee  for  order  of  examination 284 

that  marshal  produce  prisoner  for  examination 286 

for  appraisal  and  sale  before  adjudication 300 

for  appraisal  and  sale  after  adjudication,  etc 302 

by  receiver  for  sale  of  perishable  property 308 

for  private  sale  by  trustee 310 

for  sale  at  auction  of  real  estate 312 

for  sale  of  perishable  property  without  notice 31 1 

for  sale  subject  to  Hen 315 

for  sale  free  and  clear  of  liens 316 

to  confirm  sale 324 

for  an  injunction  other  than  against  suits 334 

to  modify  restraining  order 344 

of  bankrupt  for  discharge 347 

to  amend  specifications 365 

for  extension  of  time  to  apply  for  discharge 376 

to  revoke  discharge 382 

for  meeting  to  consider  composition 388 

to   confirm   composition 390 

to  set  aside  a  composition 405 

to  reclaim 410 

to  reopen  estate 438 

for  appeal  to  Circuit  Court  of  Appeals  from  order  denying  a  discharge 

or  allowing  a  discharge 477 

to  restore  appeal  to  calendar 494 

to  review  under  sec.  24-b 500 

to  review,  notice  of  filing 506 

for  appeal  from  a  circuit  court  of  appeal  to  the  Supreme  Court  of  the 

U.  S 508 

for  writ  of  error  from  the  Supreme  Court  of  the  U.  S.  to  a  circuit  court 

of  appeals  510 


738  GENERAL  INDEX. 

PETITION — Continued.  page 

for  writ  of  liabeas  corpus 519 

for  writ  of  mandamus 522 

for  writ  of  certiorari  to  remove  a  cause  for  review 524 

PETITIONING  CREDITOR: 

bond    of 92 

who   may   be 30 

right  to  withdraw 31 

when  may  be  estopped 31 

one  creditor  as 34 

petition  to  increase  bond  of 58 

order  denying  petition  to  increase  bond  of 60 

PLEADINGS:      (See  Petition,  Suit,  Trustee,  etc.) 

POWER  OF  ATTORNEY:    (See  Letter  of  Attorney.) 

PRECEDING  SIX  MONTHS: 

meaning  of 20 

PREFERENCE:    (See  Suit,  Trustee,  Act  of  Bankruptcy,  etc.) 

surrender    of 227 

PREFERENTIAL  TRANSFER:   (See  Suit,  Trustee,  Acts  of  Bankruptcy,  Discharge.) 

PREFERRED  CREDITORS: 

meaning  of 227 

PRINCIPAL  PLACE  OF  BUSINESS: 

meaning  of 20 

PRINTED  RECORD  ON  APPEAL: 

order  amending  and  directing  printing 492 

PRIORITY: 

claim  for  wages 211 

petition  to  pay 228 

order  directing  payment  of 149 

what  claims  entitled  to 229,  230,  231 

PRIVILEGED  COMMUNICATIONS: 

meaning    of 282 

PROCESS:    (See  Subpoena,  Summons.) 
PROMISSORY  NOTE: 

complaint  upon 443 

PROOF  OF  CLAIM: 

notice  of  defective ^^2 

unsecured    1^^ 

secured    202 

due    corporation 204 

by    partnership 206 

by  agent  or  attorney 207 

of  secured  debt  by  agent  or  attorney 208 

by  trustee  in  bankruptcy 210 

priority  claim  for  wages 211 


GENERAL  INDEX.  739 

PROOF  OF  CLAIM — Continued.  page 

objections   to 217 

petition  to  reconsider 219 

notice  to  claimant  thereon 221 

order   to  show  cause   why   claim  should   not  be   reconsidered,   reduced 

or  expunged 222 

order  reducing  or  expunging 223 

^         order    allowing 224 

petition  to  review  order  rejecting 231 

petition  that  all  claims  to  securities,  etc.,  be  presented  and  referred. .. .   232 

order  to  show  cause  thereon 234 

"  Omnibus  "  order  referring  claims  to  securities,  etc.,  to  special  master 

for  determination 236 

PROPERTY: 

bond  in  reclamation  proceeding  for  possession  of 417 

PROTECTION  FROM  ARREST: 

petition    for 196 

order  of 197 

PROVABLE  DEBTS.     (See  Proof  of  Claims.) 

what  are 224,  225,  22C 

PROXY:    (See  Letter  of  Attorney.) 

PUBLICATION: 

petition  for  service  by 78 

order    of 79 

affidavit    of 140 

notice  for  on  bankrupt's  petition  for  discharge 351 

PURCHASER: 

complaint  against  defaulting,  for  deficiency  upon  resale 445 

R 

REAL  PROPERTY:      (See  Sale.) 

trustee's  deed  to 251 

REASONABLE  CAUSE   TO  BELIEVE: 

meaning  of 453,  454 

RECEIVER: 

petition  for  appointment  of 86 

order    appointing 88 

consent  of  bankrupt  to  appointment 91 

bond  of  petitioning  creditor 92 

petition  for  appointment  after  adjudication 94 

request  of  creditors  therefor '. 94 

order  appointing  after  adjudication 95 

bond    of 96 

petition  for  retention  of  counsel  by 98 

order  authorizing  retention  of  counsel  by 100 

order  authorizing,  to  continue  business 102 

petition  by,  to  continue  business 101 

order  to  complete  contracts 103 

affidavit  for  leave  to  begin  action 104 

order  authorizing  to  begin  action 105 


740  GENERAL  INDEX. 

RECEIVER — Continued.  page 

order  permitting  to  join  in  petition 106 

order   permitting   suit    against 107 

order  directing  delivery  of  assets  to  trustee 108 

report    of 109 

account  of,  and  oath Ill 

notice  of  hearing  upon  account  of 114 

objections  to 'account  of 115 

petition  of  attorney  of,  for  allowance 116 

order  vacating  appointment  of 123 

petition  for  appointment  of  ancillary 131 

order  appointing  ancillary 133 

petition  by,  for  examination  under  sec.  21-a 278 

RECEIVER'S  CERTIFICATES: 

order  authorizing  issuance 124 

form   of 126 

answer  of  lienor  to  application 129 

RECLAMATION: 

demand    in 409 

petition  to  reclaim 410 

notice  of  motion  thereon 415 

answer    in 416 

bond  in,  for  possession  of  property 417 

order  of  reference  to  special  master 419 

report  of  special  master 419 

judgment  in,  for  delivery,  etc 421 

bill  of  costs  and  notice  of  taxation 422 

when  right  of,  exists 412,  413 

when    denied 413 

RECOGNIZANCE:      (See,  Bond,  Ne  Exeat.) 

RECORD: 

on    composition 391 

on  appeal,  stipulation  as  to 488 

on  appeal  order  amending 491 

on  appeal,  order  amending  printed  and  directing  printing 492 

REDEMPTION  OF  PROPERTY: 

petition  and  order  for,  from  lien 193 

REFEREE:    (See  Trustee,  Review,  Examination,  etc.) 

oath    of    office 136 

bond    of 136 

appointment  of  trustee  by 146 

certificate  of  indemnity 190 

certificate  of  disqualification 194 

order    substituting 195 

certificate  of,  on  discharge 352 

certificate  of,  on  application  for  extension  of  time  to  apply  for  discharge.  378 

certificate  of,  on  composition 395 

indemnity    account    of 395 

report  of  to  clerk,  for  attorney-general 533 


GENERAL  INDEX.  741 

REFERENCE:  page 

order    of 62 

order  of,  in  reclamation  proceedings 416 

REMANDING  PROCEEDING: 

order     83 

REMOVAL : 

of  trustee,  petition  for 261 

order  to  show  cause  thereon 262 

order  for  removal  of  trustee 263 

RE-OPENING  ESTATES: 

petition    for 438 

REPLICATION: 

by  trustee  in  equity  suit 475 

REPORT: 

trustee's  first 241 

of  exempt  property  by  trustee 242 

exceptions  to  same 244 

order  allowing  exemptions  on 245 

and  final  account 270 

final    276 

of  special  master  on  specifications  of  objection  to  discharge 370 

of  special  master  on  specifications  of  objection  to  composition 403 

order    rejecting    composition    upon 404 

of  referee  in  bankruptcy  to  clerk  for  attorney-general 533 

of    receiver 109 

of  special  master  on  receiver's  account 118 

notice  of  motion  to  confirm 120 

order    confirming 121 

notice  to   trustee  to    file 150 

of  appraisers 181 

RESIGNATION    OF    TRUSTEE 264 

RESTRAINING  ORDER: 

petition  for  other  than  against  suits 334 

order  to  show  cause  for 3oo 

form    of ^^^ 

affidavit  to  stay  sale,  etc.,  of  mortgaged  chattels 338 

to  stay  suit    (supplementary   proceedings) 340 

form  of  to  stay  suit 341 

petition  to  modify 344 

RE-SALE: 

order  for  upon  default  of  purchaser 330 

RETURN:    (See  Marshal.) 

REVIEW: 

petition    to ^"^^ 

petition  to,  under  Sec.  24-b ^^^ 


742  GENERAL  INDEX. 

REVOCATION:  pace 

of  discharge,  petition  for 3g2 

of  discharge,  order  on 3g j 

RULE  TO  SHOW  CAUSE: 

for  contempt,  answer  of  bankrupt  to 434. 

RULES  IN  BANKRUPTCY: 

of  California,    Northern    District 714 

of  Colorado   707 

of  Connecticut  648 

of  Illinois,  Northern  District,  Eastern  Division 676 

of  Iowa,  Northern  District 682 

of  Louisiana,  Eastern  District 694 

of  Maryland     666 

of    Massachusetts 64& 

of  Missouri,  Eastern  District 685 

of  New    Jersey 651 

of  New  York,  Eastern  District 618 

of  New  York,    Northern    District 625 

of  New  York,  Southern  District 607 

of  New  York,   Western   District 635 

of  Ohio,  Southern  District 671 

of  Oregon 717 

of  Pennsylvania,  Eastern  District 664 

of  Texas,    Northern    District 702 

of    Washington 710 

s 

SALE: 

petition  for  by  receiver  before  adjudication 300 

order  for  before  adjudication 301 

petition  for  by  receiver  after  adjudication  upon  sealed  bids 302 

order    thereon 304 

notice  of  by  receiver 306 

notice  of  upon  sealed  bids 307 

petition  for  by  receiver  of  perishable  property 308 

notice  of  by  trustee 309 

petition  for  private  by  trustee 310 

order  for  private 311 

petition  for  at  auction  of  real  estate 312 

order  for  at  auction  of  real  estate 313 

petition  and  order  for,  of  perishable  property  by  trustee  without  notice.  .  314 

petition  and  order  for,  subject  to  lien 315 

petition  for,  free  and  clear  of  liens 316 

notice  of  motion  thereon 319 

order  directing,  free  and  clear  of  liens 321 

petition    to    confirm 324 

order    confirming 325 

memorandum  of  "  Terms  "of 327 

order  to  show  cause  to  vacate 332 

SALESMEN,  TRAVELLING: 

entitled  to  priority 229,  230 


SCHEDULES: 
debtor's 


GENERAL  INDEX.  743 

PAGE 
3 

order  directing  bankrupt  to  file 71 

petition  to  amend 253 

order  to  show  cause  thereon 154 

order    amending j55 

oath  to  by  creditors 72 

admissibility  of  in  evidence 21 


official  must  be  used, 
verification   of 


20 

21 

SECURED  CREDITORS: 

proof    by 202 

what   are   construed 203 

SECURITY  FOR  COSTS: 

demand  for  from  trustee  plaintiff 266 

order  requiring  trustee  to  furnish 267 

SERVICE:    (See  Marshal,  Subpoena,  Summons.) 

by  publication,  petition  for 7g 

by  publication,  order  for 79 

SHERIFFS: 

rights  of,  on  attachment  or  execution 426,  427 

SPECIAL  COMMISSIONER: 

petition  for  examination  before 278 

order    thereon 280 

subpoena  to  appear  before 288 

SPECIAL  MASTER: 

order  referring   issues  to CS 

notice  of  hearing  before 69,  114 

report  of 118,  403 

order  of  reference  to,  on  specifications  of  objection  to  discharge 367 

notice  of  hearing  on  same 369 

report  on  same 370 

order  of  reference  to,  in  reclamation  proceedings 418 

report  of,  on   reclamation  proceeding 419 

SPECIFICATIONS:    (See  Discharge,  Composition.) 

STATE  COURT: 

affidavit  of  trustee  to  intervene  in  action  in 256 

order  allowing  trustee  to  intervene  in  action  in 258 

STAYS:    (See  Restraining  Orders.) 

STIPULATION: 

as  to  record  on  appeal 488 

SUBPOENA : 

to   alleged   bankrupt 36 

marshal's  return  thereon 36 

petition   for   issuance 284 


744  GENERAL  INDEX. 

SUBPOENA— Continued.  i>AGE 

duces    tecum 291 

to  appear  before  special  commissioner 288 

ticket    289 

SUBSCRIPTIONS  TO  STOCK: 

order  directing  assessment  for 469 

suit  by  trustee  for 471 

SUIT: 

aflBdavit  by  receiver  for  leave  to  begin 104 

order  authorizing  receiver  to  begin 105 

order  permitting  against  receiver 107 

petition  for  leave  by  trustee  to  bring 254 

order  granting  leave  to  bring 255 

affidavit  to  intervene  in 256 

petition   to   stay 340 

order    staying 341 

SUMMONS: 

to  appear  before  referee 290 

return  of,  to  witness 293 

SUMMARY  JURISDICTION:    (See  Suit,  Trustee.) 

SUMMARY  STATEMENT: 

in  schedules 18 

SUPERSEDEAS:    (See  Bond.) 

SUPREME  COURT  OF  THE  UNITED  STATES: 

petition  for  appeal  to,  from  a  circuit  court  of  appeals 508 

order  allowing  appeal  from  a  circuit  court  of  appeals  to 510 

petition  for  writ  of  error  from,  to  a  circuit  court  of  appeals 510 

notice  of  application  to,  for  writ  of  certiorari 52G 

motion  for  writ  of  certiorari  from,  to  a  circuit  court  of  appeals 527 

writ  of  certiorari  from,  to  a  circuit  court  of  appeals 528 


TAXATION  OF  COSTS: 

notice  of,  etc.,  in  reclamation 423 

TAXES: 

priority    of 230 

TEMPORARY  INJUNCTION:    (See  Restraining  Orders.) 

TEMPORARY  RECEIVER:    (See  Receiver.) 

TESTIMONY:    (See  Examination,  Witness.) 

TIME: 

to   answer,   order   extending 61 

petition  for  extension  of,  to  apply  for  discharge 376 

TRANSCRIPT  OF  RECORD:     (See  Appeals,  Petition  to  Review,  etc.) 


GENERAL  INDEX.  745 

TORT:  PAGE 

claim  for,  not  provable 225 

nor    dischargeable 362 

TRIAL: 

demand   for   jury 52 

order    for   jury 53 

notice   of 54 

TRUST: 

complaint  to  declare  secret 4G2 

TRUSTEE: 

appointment  of  by  creditors 143 

appointment  of  by  referee 146 

notice  to,  of  appointment 147 

order   approving   bond 148 

order  that  none  be  appointed 149 

notice  to  file  report 150 

same,  (Southern  District  of  New  York) 150 

order  to  transfer  copyright 1G3 

order  passing  account  of 189 

bond    of 239 

first  report  of 241 

report  of  exempt  property 242 

report  on  exemptions,   exceptions  to 244 

order  allowing  exemptions  on  report  of 245 

petition  for  leave  to  reject  assets  as  burdensome 246 

order  authorizing,  to  reject  assets  as  burdensome 247 

petition  by,  for  leave  to  continue  business  of  bankrupt 248 

order  upon  same 249 

bill  of  sale  of  personal  property  by 250 

deed  to  real  property  by 251 

affidavit  upon  assessment  for  personal  taxes  against  estate 252 

notice  of  adoption  of  lease  by ^53 

petition  by,  for  leave  to  sue 254 

order  granting  leave  to  sue 255 

affidavit  by,  to  intervene  in  State  Court  action 256 

order  allowing  trustee  to  intervene 258 

order  directing,  to  abandon  legal  proceedings 259 

order  ratifying  acts  of 260 

petition  for  removal  of 261 

order  to  show  cause  on  same 262 

order  for  removal  of 263 

resignation    of 264 

order  for  choice  of  new 265 

demand  for  security  for  costs  from  trustee  plaintiff 266 

order  requiring,  to  give  security  for  costs 267 

return  of  no  assets 269 

report  and  final  account  of 270 

oath  to  final  account  of 272 

objections  to  account  of 273 

order  allowing  extra  compensation  to,  for  conducting  business 274 

final  report  of 276 


746  GENERAL  INDEX. 

TRUSTEE— Continued.  page 

order    discharging 277 

petition  by,  for  order  of  examination 284 

sales  by,  (see  Sales). 

replication  by,  in  equity  suit 475 

u 

UNINCORPORATED  COMPANIES: 

may  be  adjudged  bankrupt 28 

UNITED  STATES: 

priority  of  claim  of 230 

UNITED  STATES  COMMISSIONER:  (See  Special  Commissioner,  Depositions,  etc.) 
UNSECURED  CREDITOR: 

proof    by 199 

V 

VERIFICATION: 

of  schedules 21 

of   petition 33 

of    specifications 360 

VOLUNTARY  BANKRUPT:    (See  Bankrupt,  Petition.) 
VOLUNTARY  PETITION: 

debtor's 2 

VOTERS: 

at  creditors'  meeting 144 

w 

WAGE  EARNER: 

defined    229 

may  not  be  adjudged  an  involuntary  bankrupt 28 

priority  of  claim  of 229,  230 

WAGES: 

definition    229,  230 

WAIVER:    (See  Exemptions.) 
WARRANT: 

to  marshal  and  return  thereon 55 

WIFE: 

examination  of  (see  Examination). 

claim  of 218 

WITNESS:    (See  Examination,  Contempt,  Depositions.) 

certificate  of  default  of ^'^^ 

return  of  summons  to 293 

examination   of 294 

right   to    counsel 281 

service    on    (See    Subpoena.) 


GENERAL  INDEX.  747 

"WRITS:  PAGE 

petition  for  writ  of  error  from  Supreme  Court  to  a  Circuit  Court  of 

Appeals    510 

of  error  from  Supreme  Court  of  the  U.  S.  to  a  Circuit  Court  of  Appeals.   512 

of  habeas  corpus 522 

of  mandamus,  petition  for 522 

of  certiorari  to  remove  a  cause  for  review 524 

of  certiorari,  notice  of  application  to  the  Supreme  Court  for 526 

of  certiorari   from  the   Supreme  Court  to  a  Circuit  Court  of  Appeals 

motion    for 527 

of  certiorari  from  the  Supreme  Court  to  a  Circuit  Court  of  Appeals 528 

of  ne   exeat 516 


TOTAL  NUMBER  OF  PAGES  IN  THIS  VOLUME  798. 


SCTiro^  OF  LAW  LIBRARY 

UNIVERSITY  OF  CALIFORNIA 

T  n«   ANCELES 


D     000  315  343 


